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美國的保育役權及其對我國之借鏡價值
Journal article

美國的保育役權及其對我國之借鏡價值

中正大學法學集刊, Vol.41, pp.193-237
2013

Abstract

保育役權;土地信託組織;國民信託;農育權;環境信託;土地保育;Conservation Easement;Land Trust;National Trust;Right to Agriculture and Conservation;Environmental Trust;Land Conservation

The practices that the private sector devotes to direct land conservation by acquiring the powers of managing or monitoring land have become a strategy that drawn more and more attention. There are several legal instruments that could be used to perform this strategy under current law, such as acquiring land by purchase, gift, or in trust. However, using those instruments often encounters difficulties in practice. Therefore, seeking innovative legal instruments to prompt private land conservation becomes an important issue.This study argues that conservation easement in the United States has relative institutional merits, including low costs for conservation groups and high acceptability for land owners, in comparison to existing legal instruments in Taiwan and is a valuable mechanism to be adopted.

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