Conservation easement restrictions and enforcement: evidence from US judicial opinions

Changyou Sun, Bin Mei and Yanshu Li

Forestry Economics Review, 2026, vol. 8, issue 1, 172-192

Abstract: PurposeThe objective of this study was to provide an empirical analysis of judicial resolution of disputes over restrictions imposed by conservation easements in the United States of America (USA). We examined the patterns in published cases regarding the interpretation, enforcement, and durability of perpetual restrictions at the intersection of contract and property law.Design/methodology/approachWe conducted a systematic content analysis of 191 published judicial decisions issued between 1975 and 2025 across 40 states. Content analysis was customized to code this cohort of cases, and we identified patterns in legal issues, party participation, judicial reasoning, jurisdictional distribution and litigation outcomes.FindingsConservation easement litigation was predominantly state-centered, increased substantially after 2005, and was concentrated at the appellate level. Although landowners most frequently initiated disputes, courts consistently ruled in favor of easement holders and government agencies in preserving and enforcing easement restrictions. Most cases involved the interpretation and enforcement of existing easements, particularly in the context of development pressures affecting undeveloped land subject to perpetual restrictions. While relatively infrequent, takings claims constituted a notable exception to the presumed permanence of easements.Originality/valueThis study provides the most comprehensive empirical analysis of conservation easement litigation in the United States to date. By systematically examining five decades of judicial decisions, it clarifies how courts apply legal doctrines in resolving easement disputes and identifies implications for legal drafting, stewardship practices and the design of long-term conservation policy.

Keywords: Content analysis; Contract law; Land use; Perpetual restrictions; Property rights (search for similar items in EconPapers)
Date: 2026
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Persistent link: https://EconPapers.repec.org/RePEc:eme:ferpps:fer-02-2026-0008

DOI: 10.1108/FER-02-2026-0008

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