Tuesday, December 11, 2018

PA Land Trust Assn. Invites Comments On Model Conservation Easement Language

As a result of recent litigation, the PA Land Trust Association is inviting comments on proposed changes to a section of the Model Grant Of Conservation Easement and Declaration of Covenants language.
PALTA is proposing changes to subsection 6.04(c). The change seeks to balance various concerns: (1) safeguarding against inadvertent holder process errors; (2) achieving optimal conservation outcomes; (3) holder being reasonable and avoiding potential negative consequences of failing at that; and (4) arriving at a provision that landowners and their counsels (and holders) should find acceptable. Importantly (and the initial motivation for exploring the issue), the change also eliminates a potential pathway for the IRS to challenge the tax-deductibility of an easement donation.
Click Here to see the entire proposal for changes.
Depending on public feedback on this proposed change, this or an alternative modification will be made in 2019. In any case, this present proposal is suitable for use in the model now.
Please send comments to Andy Loza by sending email to: aloza@conserveland.org as soon as possible but no later than January 11.
For more information on programs, initiatives and upcoming events, visit the PA Land Trust Association website, Click Here to sign up for regular updates from PLTA, Like them on Facebook, and Follow them on Twitter.  Click Here to support their work.
The 2019 PA Land Conservation Conference will be held May 16-18 at Skytop Lodge in Monroe County.
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