Learn More About Land Conservation

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Which scenario is more common?

Both, actually. Land trusts are both proactive in terms of identifying those areas that they are most interested in protecting, depending on their mission and their goals. Plus, they also respond to land protection opportunities from landowners that approach their organizations, if the property fits with their mission and their land protection criteria. It works both ways.

What requirements must a piece of land satisfy in order to be eligible for an easement?

Well, it depends. First, land trusts establish land protection criteria that describe those properties that they’re willing to protect. Second, a land trust is generally a nonprofit 501(c)(3) corporation, so it must operate in the public benefit. An easement must have some kind of public benefit before a land trust will accept it. Public benefit does not necessarily mean public access; public benefit can be demonstrated in other ways. Public access is one measure of public benefit, but not the only one. Public benefit can be the protection of water quality. It can be the protection of a rare or endangered species habitat, or the protection of open space that provides a beautiful scenic view of a Rocky Mountain vista. Public benefit can be defined in a number of different ways. And finally, for those donated easements for which a landowner intends to take a federal income tax deduction or state tax credit, there are certain Internal Revenue Service requirements that the conservation easement must meet.

Is ecological value determined by the land trust?

Ecological value is one factor that might make a property important to protect with a conservation easement, but it’s not the only factor. Ecological values, such as natural areas or an endangered species habitat, are often protected by conservation easements, but there are other properties that may not have these specific ecological values, but have other public benefit values, such as recreation or agriculture. Ecological values are sometimes determined by the land trust or, for example, a consulting biologist, but these values also are often determined by public agencies, such as state natural heritage programs.

How long does it take to set one up? Is it easy to do?

It depends on the internal process of the land trust and the nature of the easement project. An average project may take between eight months to a year. Other easements can be very complicated and may take many years to complete.

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