Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 451-490 : Representing Nonconcurrent Generations: The Problem of Now
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.