In the United States, conservation easements, which restrict the development of private land to preserve nature, scenery, farmland, wetlands, and forests, have been greatly developed. Conservation easements(CE) in the United States are easements to co...
In the United States, conservation easements, which restrict the development of private land to preserve nature, scenery, farmland, wetlands, and forests, have been greatly developed. Conservation easements(CE) in the United States are easements to conserve private lands and have the same effect as easements under domestic civil law. However, holders of CE are limited to the government and land trusts, and Ingross can be effective as
Since UCEA recognized the effect of Ingross easement and perpetuity term, and the federal and state government granted some tax benefits, CEs were greatly developed. CEs have been introduced in Canada, Australia, and Chile, and introduction is being considered in Europe as well.
CE is a property right for the purpose of environmental preservation that conserves private lands based on voluntary contract, and achieves public law effects pursuing public interest through private property rights. The introduction of CE should be actively considered to complement the limitations of domestic land preservation policies centered on administrative command and control discipline and to obtain cooperation from land owners based on the autonomy of civil law .
It is necessary to use CEs to secure the effectiveness of eco-friendly incentive systems such as payment for ecosystem services currently in force in Korea. It is also noteworthy that through CE, private organizations can be active subject to conserve lands
Under numerus clausus der sachenrechte in our civil law, easement must have dominant tenemant, and easement Ingross is null and void. CE is created on the serient tenemant in the purpose of conserving the dominant tenemant.
First priority is to make good legislation for the efficient domestic use of CEs.