An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law

The idea of a conservation easement – restrictions on the development and use of land designed to protect the land’s conservation or historic values – can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation easements. The explosion in the number of conservation easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by conservation easements exceeds 40 million.Because conservation easements are both novel and ubiquitous, understanding how they actual work is essential for practicing lawyers, policymakers, land trust professionals, and students of conservation. This article provides a “quick tour” through some of the most important aspects of the developing mosaic of conservation easement law. It gives the reader a sense of the complex inter-jurisdictional dynamics that shape conservation transactions and disputes about conservation easements. Professors of property law, environmental law, tax law, and environmental studies who wish to cover conservation easements in the context of a more general course can use the article to provide their students with a broad but comprehensive overview of the relevant legal and policy issues.

Protecting Children: The United States Did Not Get the Lead Out

The lack of education and awareness of the potential of lead based paint hazards in residents across the United States is still a problem today. Simple educational tools and regulation changes can protect children who are at risk from being harmed by this hazard. Currently, there is inadequate outreach to educate the general public about lead based paint. A questionnaire was provided to families that have children under the age of seven and that live in residences built prior to 1978. The research and questionnaires confirm that more education, as well as regulation changes, is needed to keep children safe from lead paint hazards.