Protect Your Land for Future Generations
(Page 2 of 3)
July 3, 2008
By Katherine Loeck
More than 1,700 land trusts have been established, serving every state. American Farmland Trust and The Nature Conservancy are two national examples.
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How does land qualify?
Land trusts establish protection criteria and every land trust has specific conservation goals and establishes protection criteria. Ecological value is one factor that makes a property eligible for a conservation easement, but it’s not the only one. Other factors include water quality, endangered species habitats, forest buffer zones, open spaces, scenic views and agricultural production. The goal is to restrict land development, even for land that is not accessible by the public.
What are the pros and cons of easements?
A landowner has options when granting land (or a parcel of it) to a land trust. Every agreement is uniquely tailored to the land’s conservation value, the landowner’s desires and the land trust’s criteria. Whether the landowner retains ownership and management, or sells, leases or donates the property, the landowner forfeits some associated rights. For example, under the Shields’ easements, the family retains the right to ranching operations and hunting but may relinquish the right to build a new structure. When they pass the land on, the same rules will apply.
Engaging in a conservation easement can save you money on taxes, but the legalities are confusing and situational, so contact a local land trust for more information. You can search the Land Trust Alliance to find its members by name or county.
An easement does involve short-term costs that depend on variable advisory and survey fees. In addition to these fees, many trusts ask the landowner to contribute to a “stewardship fund” that would pay for future litigation if it were required to protect the easement. An easement will affect the property’s market value, but this depends on how restrictive the terms of the easement are and how developable the property is to begin with. The complexity of setting up an easement depends on the internal process of the land trust and the characteristics of your property.
