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Why Land Trusts Should Carry Directors and Officers Insurance

Land trusts, and especially smaller land trusts, often ponder whether they should purchase Directors & Officers Insurance (D&O Insurance).  For those land trusts asking this question, there is really one answer: Yes.  The following brief post explains why D&O insurance is always a good bet, suggests some additional risk management strategies and contains a link […]

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Book Review: “Conservation Easements: Tax and Real Estate Planning for Landowners and Advisors”

The mainstay of publications on conservation easements has long been the second edition of the “The Conservation Easement Handbook,” authored by Elizabeth Byers and Karin Marchetti Ponte and jointly published by the Land Trust Alliance and The Trust for Public Land in 2005 (the “Handbook”).  As of 2011 there is another substantial work on conservation […]

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Property Taxes and Conservation Easements

Conservation easements are a remarkable legal tool for protecting land from development.  Among the things that make conservation easements unique is that they are the result of transactions by willing sellers and willing buyers, and thus are not imposed by regulation, they are negotiable and they are in almost every case perpetual.  The primary driver […]

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Land Trust & Conservation Easement Law Flow Chart

Land trusts and the conservation easements they frequently deploy to protect land are governed by a multitude of legal regimes.  For those advising and working with land trusts, dealing with multiple, and sometimes conflicting, legal regimes can be daunting enough.  Adding to the challenge is that many of these regimes are highly complex and technical, […]

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Risk Management in Conservation Easements

Risk, liability, exposure — whatever one calls it, no one wants it.  In today’s perilous economy and litigious legal environment everyone is becoming more risk averse.  From individuals of every income strata to partnerships, corporations, utilities and governments, no one wants to take on additional risk in a transaction.  This is particularly true for individuals and entities […]

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Arbitration and Mediation in Conservation Easements

A recent thread in a land trust listserve began with the question of whether land trusts should include arbitration provisions in conservation easements.  The following discussion is my take on the issue. In responding to the initial query, I agreed with the other posts that pointed out that contracts and conservation easements that include an […]

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James Olmsted, OlmstedLAW

Founder, Owner, and CEO, 2003–Present Contact at: (541) 554-3665 or olmsted@olmstedlaw.us Represent land trusts and landowners in all aspects of fee title and conservation easement  acquisitions, including drafting conservation easements and all real estate matters. Also advise land trusts on institutional matters, including document review and LTA accreditation. Clients include Truckee Donner Land Trust, Feather […]

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