ABSTRACT
This chapter explains how conservation easements work, and then explores how and why tribal governments might choose to use them. It also examines the most common way in which tribes have become involved in conservation easement transactions tribes as conservation easement holders. The chapter looks at the choice to use conservation easements generally and then situates the decision in the evolution of property law in the United States both on and off tribal land. The Eighth Circuit found it unnecessary to explore the state law questions because, if they were at all hostile to the federal property rights in the conservation easement, they would not have precluded the conveyance of the disputed property right. Mary Wood argues that conservation easements are more akin to tribal property notions than it may first appear because both support beneficial uses of natural resources and reject exclusive use of land. The chapter concludes by asking whether tribes should use conservation easements.
