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Conservation Easements and Agreements: Obligations, Modification and Termination

By: Robert Andrew Branan, JD Farm Law for Operators and Landowners

Participation in conservation practices and restrictions comes in various forms, from revocable-at-will, revocable with penalty, and irrevocable agreements concerning use of land in farming and forestry. Different agreements come with different obligations, and different pathways to termination and modification, when allowed. This fact sheet explores the spectrum of conservation agreements (generally modifiable) to conservation easements (generally revocable). The information herein is the product of the author's research of relevant statutes and regulations, as well as professional experience with such conservation instruments and programs. Note: citations are referenced in numerical superscript and correspond to citations in the endnotes section.