Conservation Tax Center Law Library

16 Laws and Regulations articles were found for Conservation Easements

State Tax Credits for Donation of a Conservation Easement
By: Land Trust Alliance
The Land Trust Alliance has outlined the different state tax incentives for donation of a conservation easement that can be taken on state taxes. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/State-Tax-Credits-for-Donation-of-a-Conservation-Easement/1616/

IRC Section 170(h) - Qualified Conservation Contributions
The IRS is involved and interested in land conservation. The agency provides incentives, namely tax deductions, and enforces compliance with the tax code for tax deductions identified as conservation contributions.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/IRC-Section-170h--Qualified-Conservation-Contributions/131/

Uniform Conservation Easement Act
The UCEA is used as a general guideline for state conservation easement acts. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Uniform-Conservation-Easement-Act/766/

2006 Pension Protection Act
The 2006 PPA was the first act to contain the enhanced conservation easement tax incentive. This enabled taxpayers to deduct 50% of their contribution base or 100% for qualified farmers or ranchers.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/2006-Pension-Protection-Act/878/

Heartland, Harvest, Habitat and Horticulture Act (the “4H Act”)
By: Ann Taylor Schwing
In 2008, Congress passed the Heartland, Harvest, Habitat and Horticulture Act (the “4H Act”), which extended the generous tax benefits for conservation easement gifting that were originally enacted in the Pension Protection Act of 2006.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Heartland--Harvest-Habitat-and-Horticulture-Act-the-4H--Act/108/

1.170A-13(c)(5) - Qualified Appraiser
In order to obtain a tax deduction for a charitable contribution a qualified appraisal must be made by a qualifed appraiser. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/1170A13c5--Qualified-Appraiser/771/

1.170A-13(c)(3) - Qualified Appraisal
To recieve a tax deduction for a charitable donation the value of the property donated must be determined in a qualified appraisal. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/1170A13c3--Qualified-Appraisal/770/

Treasury Regulation 1.170A-14
This regulation elaborates on IRC section 170; further expalining what a qualified conservation contribution is. Click here. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Treasury-Regulation-1170A14/693/

IRS Letter Clarifying State Law that Extinguishes a Conservation Easement
In a letter, the IRS clarified that state law may provide a means for exterminating a conservation easement. However, the requirement of section 170(h) that a conservation purpose must be protected in perpetuity and can only be exterminated or amended by a judicial proceeding must be met.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/IRS-Letter-Clarifying-State-Law-that-Extinguishes-a-Conservation-Easement/988/

IRS Notice 2004-41
In 2004 the IRS issued this notice on charitable contributions and conservation easements. It constitutes a warning that conservation easements must not be fraudulent and the IRS will disallow any such deduction and may impose penalties and excise taxes.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/IRS-Notice-200441/886/

IRS Publication 1771 - Substantiation Requirements
This IRS Publication explains substantiation and disclosure requirements of charitable contributions. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/IRS-Publication-1771--Substantiation-Requirements/892/

Louisiana Conservation Servitudes
A conservation easement is known as a conservation servitude in Louisiana. This is a valuable land conservation tool that can be used to protect the legacy of your land. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Louisiana-Conservation-Servitudes/1613/

Maine Attorney General Prevents Termination of Conservation Easement
By: Robert Levin
Over the past two years, the Office of the Maine Attorney General has upheld the continued existence of a conservation easement that a landowner had sought to terminate. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Maine-Attorney-General-Prevents-Termination-of-Conservation-Easement/2527/

Uniform Conservation Easement Act Summary
By: Uniform Law Commission
Although traditional uses of land for industrial, commercial, residential and agricultural purposes have continued, conservation and historic preservation have become important as well. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Uniform-Conservation-Easement-Act-Summary/2898/

Uniform Conservation Easement Act (with 2007 Amendments)
By: National Conference of Commissioners on Uniform State Laws
The Act enables durable restrictions and affirmative obligations to be attached to real property to protect natural and historic resources. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Uniform-Conservation-Easement-Act-with-2007-Amendments/2899/

Colorado Real Estate Manual - Chapter 12 - Conservation Easements
By: Colorado Division of Real Estate
First established by state statute in 1976, a conservation easement is a voluntary, legally binding restriction, enforced by a non-profit organization of governmental entity, that limits certain uses and prevents future development of a property. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Laws-and-Regulations-/Colorado-Real-Estate-Manual--Chapter-12--Conservation-Easements/3029/

Law Library

Search by ZIP code

Additional Resources

16 Laws and Regulations articles were found for Conservation Easements