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United States v. Blackman

Supreme Court of Virginia

613 S.E.2d 442 (2005)

Relevant factsFree

In 1973, the Atkins family granted a perpetual conservation and preservation easement over their historic farm to a nonprofit, which later transferred its easement portfolio (including this one) to the United States (plaintiff), administered by the National Park Service; new owner Blackman (defendant) proceeded with unapproved renovations after the Park Service repeatedly rejected his plans, prompting a federal suit and a certified question to Virginia courts on whether such a 1973 easement was even valid before the state's 1988 Conservation Easement Act.

IssueFree

Whether the conveyance of a negative easement in gross for the purpose of land conservation and historic preservation is valid.

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