Conservation Tax Center Law Library

38 Overview articles were found for Conservation Easements

Conservation 101 - Overview
By: Breana Behrens
Development and cultivation of our country's land must be done wisely to ensure that our country's natural resources remain viable for generations to come.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Conservation-101--Overview/716/

Definitions
Before you can decide what is right for you and your land, review some basic definitions associated with the conservation tools commonly used in estate planning for real estate assets.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Definitions/114/

What is a Conservation Easement?
By: Resources First Foundation - RFF
Conservation easements can be a valuable tool to ensure that you can keep your working landscape viable. It is a restriction on the use of your property that is voluntary and modifiable to fit your needs. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/What-is-a-Conservation-Easement/713/

The Enhanced Conservation Easement Tax Incentive
By: Breana Behrens
Almost annually Congress votes on whether to approve an enhanced conservation easement tax incentive. This incentive allows for donors of conservation easements to deduct more of their contribution base and for a greater period of time.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/The-Enhanced-Conservation-Easement-Tax-Incentive/691/

Qualified Conservation Contribution
The IRS defines in Treasury Regulation 1.170A-14 what a qualified conservation contribution is. Basically, it requires that you donate a qualified real property interest to a qualified organization, which is exclusively for a conservation purpose and in perpetuity. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Qualified-Conservation-Contribution/692/

Conservation Easements - A Tool for Preventing the Fragmentation of Family Lands
By: Lorie Woodward Cantu
Land stewards can use conservation easements to help manage the future. Conservation easements can be created to protect different natural assets ranging from endangered species and water sources to productive, open space and agricultural land.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Conservation-Easements--A-Tool-for-Preventing-the-Fragmentation-of-Family-Lands/1358/

Tax Benefits of Donating Conservation Land
By: Robert Levin
There are several kinds of tax benefits available to donors of land or conservation easements. This article attempts to summarize these benefits and provide some examples of how they work. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Tax-Benefits-of-Donating-Conservation-Land/85/

Conservation Easement Checklist
By: Breana Behrens
Placing a conservation easement on your land is a great way to ensure that your land remains in its current state for generations to come. However, in doing so, you are giving up certain rights to your property.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Conservation-Easement-Checklist/1344/

Conservation Easements - Choosing a Land Trust
By: Lorie Woodward Cantu
Once landowners determine that a conservation easement is the right tool for their land, they have to choose a land trust to hold the easement.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Conservation-Easements--Choosing-a-Land-Trust/1359/

Conservation Easements - Land Trust
By: Lorie Woodward Cantu
Determining whether or not to place a conservation easement on a property is a process that offers both opportunities and challenges. Landowners should approach the decision with their eyes open to both.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Conservation-Easements--Land-Trust/1360/

Conservation Easements - Responsibilities
By: Lorie Woodward Cantu
“Conservation easements cannot exist without trust between landowners and land trusts,” said Blair Fitzsimons, CEO of the Texas Agricultural Land Trust.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Conservation-Easements--Responsibilities/1361/

What are Valid Conservation Purposes?
Treasury Regulations 1.170A-14 explains that a conservation easement must be for a conservation purpose in order for a donor to recieve a charitable tax deduction. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/What-are-Valid-Conservation-Purposes/715/

Drafting Conservation Easements
By: Jessica Jay
Drafting the conservation easement influences everything about the protected property after the easement’s grant: it guides the landowner’s use of the protected property, it guides Land Trust’s monitoring and stewardship of the property, and it guides Land Trusts enforcement of the conservation easement against the original landowner and all future landowners, forever. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Drafting-Conservation-Easements-/172/

How a Conservation Easement Works - Sample example of conservation easement
A simple example illustrates how a conservation easement works in practice. Let’s assume pressure from buyers building vacation homes has pushed the value of land up in recent years to the point where the family is concerned about how the next generation will pay the estate tax bill without selling the land. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/How-a-Conservation-Easement-Works--Sample-example-of-conservation-easement/86/

Drafting Conservation Easements for Agricultural & Ranch Land
By: Jeremiah P. Cosgrove and Renee J. Bouplon
Based on the belief that a working, commercially-viable, agricultural landscape is the desired long-term land use, and that the soil resource is the foundation for agricultural protection, conservation organizations are realizing that agricultural easements, compared to scenic open space or historic easements, are very different.& ...Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Drafting-Conservation-Easements-for-Agricultural-and-Ranch-Land/165/

Examples of Agricultural Easement Language
By: Jeremiah P. Cosgrove and Judy Anderson
Based on the belief that a working, commercially-viable, agricultural landscape is the desired long-term land use, and that the soil resource is the foundation for agricultural protection, conservation organizations are realizing that agricultural easements, compared to scenic open space or historic easements, are very different. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Examples-of-Agricultural-Easement-Language/188/

6 Basic Steps to Conveying a Conservation Easement
By: Robert Levin
How does one go about donating or selling a conservation easement.? There is no one right way to go about it. However, the following outline shows the most common steps to the process. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/6-Basic-Steps-to-Conveying-a-Conservation-Easement/110/

Agricultural Easement Narrative
By: California Rangeland Trust
This document outlines agricultural conservation easments and identifies specific provisions that can be added. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Agricultural-Easement-Narrative/782/

Extinguishing, Transferring, and Amending Conservation Easements
By: Breana Behrens
To obtain a charitable deduction for the donation of your land for a conservation purpose the IRS requires that you donate it in perpetuity. The conservation easement that you draft must also last for that long.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Extinguishing-Transferring-and-Amending-Conservation-Easements/727/

Determining the Value of the Donated Interest
In order to claim a charitable tax deduction for the donation of a conservation easement, you must determine the value of the easement. This is a subjective determination, which makes it a likely for the IRS to challenge it because different appraisers can come to different resulting values very easily. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Determining-the-Value-of-the-Donated-Interest/769/

Recordkeeping and Substantiation
By: Breana Behrens
In order for the donation of a conservation easement to be eligible for a federal tax deduction, the donor must comply with IRS requirements for record keeping and substantiation.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Recordkeeping-and-Substantiation/893/

Baseline Documentation
Baseline documentation is a record of what the land subject to a conservation easement looks like at the time of the donation. Maps, descriptions, and pictures of the preserved property and resources are important for outlining the conservation goals of the donor, as well as enforcing the conservation easement and settling future disputes about the use of the land. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Baseline-Documentation/902/

Inconsistent Uses
By: Breana Behrens
Conservation easements must be drafted to ensure the donation will not be inconsistent with other permitted uses of the land. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Inconsistent-Uses/895/

Who Can Enforce A Conservation Easement?
By: Breana Behrens
Not everyone has the legal right to bring a court action to enforce a conservation easement. As a creature of charitable trusts, a conservation easement is donated for the benefit of the general public. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Who-Can-Enforce-A-Conservation-Easement/939/

Qualified Mineral Interest
By: Breana Behrens
A private landowner that would like to sell or retain rights to subsurface gas, oil, or minerals may still be able to place a conservation easement on their surface estate.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Qualified-Mineral-Interest/894/

Oil and Gas/ Conservation Easements
By: Lorie Woodward Cantu
This Texas Agricultural Land Trust article discusses that conservation easements and oil and gas development may not be mutually exclusive.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Oil-and-Gas-Conservation-Easements/1536/

The Conservation Easement Quiz
By: Robert Levin
Take a quick quiz and test your knowledge on conservation easements and learn if they can work for you.Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/The-Conservation-Easement-Quiz/101/

The Importance of Land Trusts to Forestry
By: T.J. McEvoy
Almost everyone in forestry has heard of land trusts since they have become a common fixture especially in areas that are rapidly urbanizing. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/The-Importance-of-Land-Trusts-to-Forestry/133/

Bundle Of Rights Approach To Value
By: Gerald R. Barber
The bundle of rights theory maintains that ownership of a parcel of real estate may embrace a great many rights, such as the right to its occupancy and use; the right to sell it in whole or in part; the right to bequeath; the right to transfer by contract for specified periods of time, the benefits to be derived by occupancy and use of the real estate. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Bundle-Of-Rights-Approach-To-Value/117/

Investing in the Commonwealth's Land and Water
By: Virginia Forever
Virginia Forever's Five-Year Plan, 2015-2019 Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Investing-in-the-Commonwealths-Land-and-Water/2552/

What is Natural Area Dedication?
By: Virginia Department of Conservation and Recreation
Natural Area Dedication is a conservation option available to landowners of highly significant natural areas. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/What-is-Natural-Area-Dedication/2686/

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/Overview/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/Overview/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/Overview/Colorado-Real-Estate-Manual--Chapter-12--Conservation-Easements/3029/

Farmland Conservation 2.0
By: National Young Farmers Coalition
How land trusts can protect America's working farms. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Farmland-Conservation-20/2577/

Finding Farmland
By: National Young Farmers Coalition
A farmer's guide to working with land trusts. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Finding-Farmland/2578/

Conservation Easements - How Flexible Is Too Flexible?
To ensure the continued conservation of natural resources and habitats, it is important to ensure that easements are not simply undone by successors to the original parties after the tax benefits have been realized.& ...Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/Conservation-Easements--How-Flexible-Is-Too-Flexible/3162/

The Law of Agricultural Land Preservation in the United States
By: Thomas Daniels and John Keene
Thomas Daniels and John Keene's new book breaks down the legal principles, federal and state requirements, and the legal issues that affect agricultural land preservation efforts. Read More »
https://www.landcan.org/ctc-article/Conservation-Easements/Overview/The-Law-of-Agricultural-Land-Preservation-in-the-United-States/3249/

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38 Overview articles were found for Conservation Easements