TAOS LAND TRUST: CONSERVATION OPTIONS: EASEMENTS

A conservation easement can make a critical difference in a family's ability to pass land from one generation to the next. This flexible tool protects land while leaving it in private ownership.

The advantages of conservation easements

A conservation easement (called a "conservation restriction" in some states) is a legal agreement between a landowner and a qualified conservation organization or government agency that permanently limits a property's uses in order to protect its conservation values. Conservation easements offer several advantages:

They leave the property in the ownership of the landowner, who may continue to live on it, sell it, or pass it on to heirs.
They can significantly lower estate taxes - sometimes making the difference between heirs being able to keep the land in the family and their needing to sell it. In addition, easements can provide the landowner with income tax and, in many cases, property tax benefits.
They are flexible, and can be written to meet the particular needs of the landowner while protecting the property's resources.
They are permanent, remaining in force when the land changes hands. A land trust or government agency ensures the restrictions.

How conservation easements work

When you own land, you also "own" many rights associated with it. They might include rights to harvest timber, build structures, grow crops, and so on (subject to zoning and other restrictions). When you donate or sell a conservation easement to a land trust or government agency, you permanently give up some of those rights. For example, you might give up the right to build additional residences, while retaining the right to grow crops. Future owners will also be bound by the easement's terms.

Conservation easements can be used to protect a wide variety of land, including farms, forests, historic areas, ranches, wildlife habitats, and scenic views. They may be called agricultural preservation easements, historic preservation easements, scenic easements, or forever wild easements, depending on the resources they protect.

Conservation easements are written up in a detailed legal agreement that outlines the rights and restrictions on the owner's uses of the property and the responsibilities of the landowner and the land trust or government agency that holds the easement.

* For more information see: Conservation Options - A Landowner's Guide by the Land Trust Alliance