The conservation easement (called a "conservation restriction"
in some states) is written up in a legal agreement that is tailored
to protect the land's conservation values and meet the financial
and personal needs of the landowner. An easement on property containing
rare wildlife habitat, might prohibit development of any kind, for
example while one on a farm might allow continued farming and the
building of additional agricultural structures.
In some cases, a conservation easement may apply to just a portion
of the property, leaving the option of development open for the
remaining part. It may allow limited building within the area under
the easement.
The land trust takes on the responsibility and legal right to enforce
the easement. If a future owner or someone else violates the easement
- perhaps by erecting a building the easement doesn't allow - the
land trust will work to have the violation corrected. (The land
trust usually asks for a donation from the easement donor to help
offset the cost of future stewardship expenses.)
Are there financial benefits?
If you donate a conservation easement that meets federal tax code
requirements, the value of the easement can be treated as a charitable
gift and deducted from income tax (to the extent your particular
tax situation allows). For income tax purposes, the value of the
easement is the difference between the land's value with the easement
and its value without the easement. For instance, if a property
is worth $500,000 unrestricted, for example, and an easement that
precludes further development is placed on it that drops its value
to $200,000, the value of the donation is $300,000. Easement values
vary greatly; in general, the highest easement values result from
very restrictive conservation easements on tracts of developable
open space under intense development pressure.
In order to qualify as a charitable donation, an easement must meet
federal tax code requirements - in essence, it must provide public
benefit by permanently protecting important conservation resources.
However, an easement does not have to cover all of the property,
preclude all use or development, or allow public access to qualify.
Because a conservation easement lowers the property's fair market
value, it can also result in lower property taxes.
What about estate taxes?
If you own land with substantial value you may not be able to pass
it on intact to your heirs. When you die, your children may find
that the federal estate tax - which is based on the land's current
fair market value and is levied at rates as high as 55% - is in
the hundreds of thousands or millions of dollars. Selling all or
part of the land for development may be the only way to pay the
estate tax.
But if you place an easement on the land restricting future development,
its fair market value will, in most cases, be reduced. When you
die, this reduced value will result in lower estate taxes. An easement's
effect on estate taxes is usually more important to landowners with
sizeable estates and substantial real estate holdings. However today's
real estate market can easily push a property's value into a higher
tax bracket without the landowner realizing it.
A conservation easement can also be donated by will. It has the
same effect on estate taxes as a lifetime donation. You should be
sure to negotiate the easement with the land trust before including
it in your will; This assures that the organization is willing and
able to receive it and that the easement achieves what you want
it to.
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