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Rally 2023: The National Land Conservation Conference

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F03. We Might Lose?! Mediating a Violation and Managing Your Attorney in the Process

The Rally Players return! Through a (hopefully humorous) skit, a cast of all too experienced practitioners will explore a land trust navigating a typical violation of all too common easement language: a secondary landowner constructing a new home where, in the eyes of the land trust, the conservation easement specifically prohibits it. But the new owner disagrees! We’ll focus on the importance of consistent annual monitoring and documentation. Then will turn to early and candid but still diplomatic engagement with the offending landowner before moving toward selecting the right competent, knowledgeable trial counsel for the case presented. We’ll then take the audience into now ubiquitous court-ordered mandatory mediation (aka alternative dispute resolution) to emphasize the importance of selecting a mediator and the dynamics in play among the parties, their respective counsel, and the mediator, and their respective perspectives. And we’ll touch on some of the considerations the land trust is likely to experience in that process.
  • 2022 Schedule – Central Time
  • 2023 Schedule-At-A-Glance

RALLY 2023 • National Land Conservation Conference

September 6-9, 2023 • Portland, OR
REGISTRATION INFO‣

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