Conservation Options
A spectrum of options exist for the protection of undeveloped land, ranging from outright donation or sale of the land to the placement of conservation agreements, which retain ownership but place certain permanent restrictions agreeable to the landowner on future land use. Conservation agreements can provide property tax relief by lowering the property value. Conservation agreements and land donations can serve as tax-deductible gifts. We can help landowners identify the option below that best suits their preferences in protecting greenspace.
Property Transfer
- Land is donated or sold to the land trust to protect conservation values and public benefits
- Releases the donor from responsibility for managing the land and paying property taxes
- Eligible tax-deductible*, based on land appraisal
Conservation Easement
- Legal agreement between landowner and land trust permanently prohibiting certain uses to protect conservation values
- Ownership of land retained by current owner
- Easement is flexible, written to meet landowner needs while protecting the property’s resources & public benefits
- Easement is permanent, remaining in effect when property changes hands
- Easement restrictions of the property are enforced by the land trust through monitoring and legal defense if necessary (Note: such permanent responsibilities warrant the creation of a stewardship fund for the property)
- Public access not required
- By reducing property value, easement can also reduce property taxes
- Eligible tax-deductible*, based on appraised value of restricted uses
Trail Easement
- Legal agreement between landowner and land trust providing limited public access for outdoor recreation
- Ownership retained by current owner
- Easement protects landowner from liability
- Easement is permanent, remaining in effect when property changes hands
- Eligible tax-deductible*, based on appraisal of trail easement
For tax deduction, the project must meet the requirements of IRC \302\247 170 and the accompanying Treasury Department regulations and/or any other federal or state requirements.
