Article:
Gerald Korngold, Privately Held Conservation Servitudes: A Policy Analysis in the Context of in Gross Real Covenants and Easements, 63 Texas L. Rev. 433 (1984).
 

Abstract:
In “Privately Held Conservation Servitudes,” Professor Korngold explores how privately held conservation servitudes in gross challenge the wisdom and creativity of courts and legislatures. According to Korngold, although authorization of private conservation servitudes in gross reinforces freedom of contract, promotes the benefits of private initiative, and assists conservation of the natural environment, other important social policies suffer. Korngold asserts that legislatures have approved privately held servitudes in gross without recognizing the tension among conflicting social values. He describes the overall conflict and suggests paths to its resolution.