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Model Conservation Easement Amendment Policy

Pennsylvania Land Trust Association Publishes Model Conservation Easement Amendment Policy 

Pennsylvania Land Trust Association (PALTA) published the Model Conservation Easement Amendment Policy this September. The model is intended to assist Pennsylvania land trusts in establishing policies regarding amendments.
A draft edition that was broadly disseminated for public review in June preceded the model. That June draft in turn was preceded by a draft revised in response to helpful comments provided by members of PALTA’s Policy Advisory Committee. The model’s drafting was informed by the research and analysis used to prepare PALTA’s pending guides Legal Considerations for Amending Conservation Easements in Pennsylvania and The Nature of the Conservation Easement and Document Granting It (to be published in the coming months).
As noted in the introduction to the model, a land trust should adapt the model to match its organizational culture. For some, the model may contain too much detail and a land trust may want to delete all or parts of some sections before adopting it as official policy. (The deleted material may still serve as a useful guide to the land trust, just not as official policy.) For others, the level of detail may be entirely appropriate and desirable. An organization also may want to customize particular provisions of the model to better reflect its views on various amendment matters. Alternatively, it may want to incorporate elements of the model into an already existing policy.

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