The Durability of Conservation Easements in Georgia

Abstract

Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use restrictions on...landowner[s] in order to achieve a conservation purpose,” have proliferated over the last few decades as tools to accomplish the goals of land preservation encouraged in part by the passage, in most states, of conservation easement enabling legislation. Recent litigation before the Supreme Court of Wyoming demonstrates some of the ambiguities and concerns surrounding the durability of conservation easements. This memorandum addresses these concerns about conservation easements in the context of Georgia’s laws

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