How We Work With Landowners:
Hollow Oak Land Trust works in cooperation with willing landowners and local communities to identify land we all love and conserve them for the years to come. Our intention is to help protect the habitat, resources, and aesthetics that define our community. Our approach is successful because it is collaborative, voluntary, and incentive-based.
How Does A Conservation Easement Work?
A conservation easement permanently limits how the land can be developed and subdivided in order to protect its conservation values. As the holder of the easement, The Land Trust’s role is to ensure that the agreement is upheld forever. Together the landowner and the land trust craft the legal easement document so that it protects the significant natural and cultural attributes of the land. The landowner still owns their property but the conservation easement is a permanent legal document that gets recorded with the property’s deed and travels with the property even when the property changes ownership.
Under A Conservation Easement, Landowners May Retain The Rights To:
- Own and live on the land
- Sell the property or transfer it to heirs
- Farm, manage timber, hunt, fish, and recreate on the land
- Maintain and/or build a limited number of homes and other structures on the land
- Restrict or grant public access
What Are The Benefits Of A Conservation Easement?
- Peace of Mind – The land will be conserved by Hollow Oak in a way that satisfies the landowner’s goals and protects the conservation values of the land.
- Charitable Deduction – When you agree not to develop land, its appraised value is reduced. Landowners may be eligible for an income tax deduction based on that reduction in value.
- Reduced Property Taxes – This agreement may reduce or stabilize property taxes, depending on current zoning, land use, and current assessed value.
- Estate Planning – Conservation easements may also reduce estate taxes, help keep land in the family, and resolve potential disagreements among heirs. Your tax attorney and accountant can tell you more about specific tax benefits that may apply to your situation.
How Does Hollow Oak Land Trust Uphold Its Conservation Easements?
The Land Trust monitors each property protected by a conservation easement annually to ensure that the terms of the conservation easement are being met. In the event an accidental or unintended violation does occur, we are legally obligated to enforce the easement. However, we always aim to maintain a positive, collaborative relationship with landowners to work towards a resolution.
Here Are Three Basic Steps To Get Started:
- Step 1 – Review a list of Frequently Asked Questions about how we protect land to see if this may be right for you. Call a member of our team to ask specific questions at 412.264.5354.
- Step 2 – Consult with your family and advisors to outline your goals for conserving your land.
- Step 3 – Contact our team to set up a time for us to come visit your property. From there, we will talk about your goals and determine our next steps.
Tax Relief for Owners
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.