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Introduction To Conservation Easements
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What Is a Conservation Easement?
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Benefits of Conservation Easements
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The
Conservation Easement Planning Process |
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Estimating the Costs of Preparing an
Easement
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Frequently Asked Questions About Conservation Easements
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How Do Conservation Easements Benefit the Community?
- Conservation easements serve to protect the community’s important
natural and scenic assets – its water resources, wildlife habitats,
agricultural lands, open space, historic structures, trails, and scenic
views – without the need for appropriating public funds.
- Lands under conservation easement remain in private ownership and do
not require public funds for support and maintenance.
- Lands under conservation easement remain on the tax rolls of the
community.
- Because conservation easements are granted in perpetuity, the
community can depend upon eased lands as permanently protected open
spaces – a lasting result not possible through zoning or other land use
regulations.
How Do Conservation Easements Benefit the Landowner?
- Landowners who donate conservation easements derive immense
satisfaction from knowing that the scenic and natural resources of the
land that they have lived on and cared for will be protected for the use
and enjoyment of future generations.
- Conservation easements provide families with the opportunity to plan
together for the future use of the land thereby avoiding possible
conflict and misunderstanding at a later time.
- Neighboring landowners who donate conservation easements on contiguous
properties can provide mutual protection against unplanned development,
and share the benefits of protecting larger resource areas such as
watersheds, agricultural areas, and scenic landscapes.
- Landowners who donate conservation easements may be eligible for
significant financial benefits through the reduction of federal income,
gift, and estate taxes.
Federal Income Tax Benefits
In 1969 Congress enacted legislation which permits a landowner to
take a charitable deduction for the donation value of a qualified
conservation easement. Internal Revenue Service regulations issued in
1986 better define the guidelines, including certain “conservation
purposes” which must be met for an easement to qualify as a tax
deductible charitable donation. (Reg. Sec. 1 . 170A-14)
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