This Comment will recommend a uniform solution. Conservation easements are a hybrid-law creation, and the solution to modifying and terminating perpetual easements should be a hybrid one as well. The hybrid solution must address, in a holistic manner, the other difficulties surrounding conservation easements, like adaptive land management and enforcement. This Comment will not delve too deeply into the issues surrounding conservation easements and adaptive land management, but will touch on some concerns that might affect the debate over the charitable trust doctrine in the future.
Erin M. Clifft,
Lookin Beyond the Charitable Trust Debate to Amend, Enforce, or Terminate Conservation Easements,
Tex. A&M J. Real Prop. L.
Available at: https://scholarship.law.tamu.edu/journal-of-property-law/vol1/iss2/3