Federal Estate and Gift Tax Consequences of Donated Term Conservation Easements
By: Lawrence R. Kueter
and William M. Silberstein
Term conservation easements are conservation easements that are not perpetual, but, rather, restrict the property for a term of years. After the term has expired, the conservation easement restrictions terminate and no longer affect the land.
Term conservation easements are controversial within the land trust community because they do not protect the land permanently. There is certainly room in the toolbox for term conservation easements when temporary protection of land is appropriate,or is better than no protection at all. However, many land trusts are wary of using their resources on anything less than perpetual protection.
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