WHAT
IS
IT?
  • A conservation easement is a less than fee simple interest in land, that is donated or sold by a landowner to a government unit of a nonprofit land trust. The landowner retains ownership and continues to pay property taxes, and ordinarily gives up the right to fully develop the property.
  • The existence of a conservation easement does not imply free ingress and egress by the general public or by any other group.
WHAT
IS
IT
FOR?
  • The purpose of a conservation easement is to permanently protect significant open space, recreational, natural, agricultural, or historical resources.
HOW
IS
IT
USED?
  • Donors may be eligible for income tax deductions and estate tax reductions and may benefit from property tax reductions.
  • A conservation easementís terms can be negotiated with flexibility depending on the individual property and needs of the landowner.
  • Frequently the donor will provide an endowment for the monitoring and maintenance needs of the donated rights.
WHERE
IS
IT
BEST
USED?
  • There must be a nonprofit organization or government unit able and willing to receive the conservation easement.
  • When a high market value exerts insupportable pressure on the maintenance of a current use, and there is a need to reduce the market value of the property.
  • When donated in a will, it can be used as a way to protect the land while deferring permanent outcomes or decisions with respect to the land.

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