Journal of Environmental Law & Litigation : Vol. 23, no. 2 (Fall 2008)

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Open Access
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 433-450 : Land Preservation and Institutional Design
(University of Oregon School of Law, 2008) Mahoney, Julia D.
In the past three decades, conservation servitudes, also known as conservation easements, have emerged as an important means of preserving lands of ecological, scenic, cultural, and historic value. Although exact figures are impossible to come by, it is estimated that more than nine million acres in the United States are subject to conservation servitudes held by land trusts and other organizations. The explosive success of this novel approach to land preservation has led to an increasing stream of questions and concerns.
Open Access
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 451-490 : Representing Nonconcurrent Generations: The Problem of Now
(University of Oregon School of Law, 2008) Olmsted, James L.
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.