Limiting Conservation Easements Duration Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 18, 2025

Task Forces

  • American City County Exchange
  • Energy, Environment and Agriculture

    • Tags

  • 2025 Annual Meeting

    • Summary

    This model act will limit conservation easements to 20 years, except for governments. 
    Draft

    Limiting Conservation Easements Duration Act

    Section 1: Definitions 

    Conservation easement” means a land easement purchase or gift that invests in a qualified land conservation organization called a “land trust”, or a governmental (municipal, county, state or federal) entity that constrains, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes. 

    Section 2: Conservation easement limitations 

    1. Conservation easements involving any private land shall not exceed twenty (20) years. 
    2. Conservation easement shall expire ten (10) years post death of the current property owner or the original length of agreement; whichever is shorter duration. 
    3. A conservation easement may be renewed by mutual agreement, only for a duration of 20 years or less. 
    4. This act does not apply to conservation easements held or purchased by governments. 
    5. The transfer of a private easement to a government does not negate the time limits imposed by this act. 

    Section 3: Severability 

    Each section, paragraph, and portion of each paragraph of this Act is severable. If one or more sections, paragraphs, or portions of one or more paragraphs of this Act are held invalid on their face or as applied to particular facts, then the remaining portions and applications of the Act shall be given full effect to the greatest extent practicable. 

    Section 4. Applicability and Effective Date 

    This Act applies to all conservation easement contracts entered into, amended, or renewed after [DATE].