WeConservePA has published new guidance on amending conservation easements. Amend OR Amend and Restate: Matching Approach to Situation When Making Changes to a Conservation Easement analyzes situational approaches to amending conservation easements and suggests when one approach is likelier to be a more sound choice than the other, and why.
If a land trust intends to amend a grant of conservation easement, implementation of the changes requires careful planning and drafting. The consequences of poor execution range from missed opportunities to improve easement stewardship to inadvertent elimination of conservation protections.
The purpose of this guide is to assist the land trust that has decided to amend a grant of conservation easement in choosing whether to simply amend the document or amend and restate it in full.
