Abstract:
This Article first provides a brief discussion
of the historical and philosophical antecedents of real property
law in the United States. The Article next provides an historical
and legal analysis explaining how conservation easements fit
within the current real property regime in the United States. Having thus laid this contextual groundwork, the Article
expounds upon the merits of perpetual conservation easements.
The final parts of the Article are in rebuttal to challenges to this
Article in Professor Mahoney's article, Land Preservation and
Institutional Design.