Conservation Easements: Pluses and Pitfalls, Generally and for Municipalities

Abstract

This article examines the role of conservation easements in Canada and their utility in protecting the natural values of land by way of restricted development. The author begins with an overview of both common law and statutory conservation easements throughout Canada with a specific focus on Alberta. Advantages and disadvantages are identified in general with regard to the use of conservation easements by municipalities. Finally, the article locates and explores the benefits of conservation easements as a proactive pre-development, and reactive post-development tool which can be used by municipalities when carrying out land use mandates.