Wyoming Settlement Averts Termination of Conservation Easement

The Wills, Trusts & Estates Prof Blog in a February 25, 2010, post headed, “Wyoming Attorney General Prevents the Wrongful Termination of a Perpetual Conservation Easement,” reported, “After over six years of litigation, a case involving a Wyoming county’s attempted termination of a perpetual conservation easement has settled, with the conservation easement remaining in full force and effect on the burdened land.” The Board of County Commissioners of Johnson County, Wyoming, terminated the conservation easement at the request of the land owners. The termination of the easement was originally challenged by a county resident, but was dismissed for lack of standing in Hicks v. Dowd, 157 P.3d 914 (Wyo. 2007). The Wyoming Attorney General then filed suit, and the parties settled while motions for summary judgment were pending.

Note also the article “Hicks v. Dowd, Conservation Easements, and the Charitable Trust Doctrine: Setting the Record Straight“, Nancy A. McLaughlin & W. William Weeks, Wyoming Law Review, Vol. 10, p. 73, 2010. Thanks to Tax Law Prof blog for highlighting the article.

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