On 10/6/2016 the Pennsylvania Land Trust Association published the fifth and final public draft of the 7th edition of the Model Grant of Conservation Easement at ConservationTools.org. This is the last draft available for public review before the 7th edition is finalized.
To be considered for the 7th edition, comments must be submitted no later than October 27. Send comments to email@example.com.
Thank you to all who submitted comments and helped improve this and earlier drafts.
Notes on Changes Since the September 6 Draft
The latest public draft is posted in three versions: (A) a document showing the differences from the 6th edition with explanations of the changes; (B) a version that compares the 10/4/16 draft to the 9/6/16 public draft; and (C) a clean copy with no markups or comments. Changes made since 9/6 are as follows:
- Change to the definition of Soil Conservation Plan to ensure that, if required, it is done to meet the standards of NRCS for a conservation plan rather than only meeting basic E&S control requirements under state law.
- Expansion of subsection 1.07(e) to further buttress the document’s conformance with tax regulations under any reasonable interpretation.
- Restructuring of definitions of Additional Improvement, Existing Improvement, and Improvement to facilitate reader understanding without changing meaning.
- Minor edits to add clarity, eliminate superfluous content, and improve grammar and stylistic consistency.
Note for People Unfamiliar with the Model
The model is accompanied by a lengthy commentary that explains the reasoning behind every provision, instructs on use of the model (for example, most numbers serve as placeholders, not as recommendations), and provides a wealth of alternative and optional provisions. The model’s strength and flexibility cannot be fully tapped without use of the commentary. While the 7th edition commentary is a work in progress, you can download the 6th edition commentary as well as a Quick Start Guide to the model at ConservationTools.org.