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 Conservation
Easements
A conservation easement is the legal
glue that binds a property owner’s good intentions to
the land in perpetuity. Donors of conservation easements retain
title to their property. They grant conservation easements
to protect their land from inappropriate development. A conservation
easement runs with the title to the property regardless of
changes in future ownership.
Granting an easement can yield tax
savings. Think of land ownership as holding a bundle of
rights that may include the right to subdivide, construct
buildings, irrigate, harvest timber or restrict access. A
landowner may sell or donate the whole bundle of rights or
just one or two of those rights. To give away certain rights
for the purpose of conservation, while retaining others, a
property owner grants a deed of conservation easement to a
land trust like the Nassau Land Trust (NLT). The donation
of an easement may qualify as a charitable contribution. As
such, it may reduce income, estate and gift taxes.
What are the Terms of a Conservation
Easement?
A conservation easement spells out the
uses that are consistent and inconsistent with the conservation
values desired by the landowner. It is a voluntary agreement
between a landowner and the Nassau Land Trust. No two conservation
easements are alike. Each is tailored to the unique character
of the land and the conservation desires of its owner(s).
The following are general examples of
the types of uses that can be allowed by a conservation easement:
- Continued agricultural and silvicultural use
- Construction of buildings, fences, water improvements,
etc., necessary for agriculture and compatible with conservation
objectives
- Sale, devise, gifting or other method of transferring
parcels, subject to terms of the easement
- Landowner control of access
- Additional family and employee residences compatible with
conservation objectives
- Wildlife and fisheries protection, restoration and enhancement
projects
- Any and all uses not specifically prohibited
Types of uses that are generally restricted
by a conservation easement include:
- Subdivision for residential or commercial activities
- Construction of non-agricultural buildings
- Nonagricultural commercial activities
- Dumping of non-compostable or toxic waste
- Surface mining
A conservation easement assigns three
"positive rights" to NLT:
- The right to preserve and protect the property according
to mutually agreed upon terms.
- The right (with proper advance notification to the landowner)
to enter the property to monitor activities (usually once
a year).
- The right to "enjoin and restore," which assures
that the landowner’s desires, as spelled out in the
easement, are enforceable. The terms of the easement do
not in any way negate or modify state or federal law. Specifically,
a conservation easement cannot prevent condemnation.
Next page: Legal
requirements >>
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Protecting your land
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