| Conservation Easements: Conserving Our Way of
Life
"I want my children and
grandchildren to be able to come here and enjoy this land."
- Montgomery County landowner now negotiating an easement
What is a Conservation Easement?
A conservation
easement is a voluntary legal agreement by which a landowner
conserves the agricultural, environmental and open space value
of his or her land in exchange for generous tax credits and deductions.
Easements are now the most effective means nationwide for conserving
farms, forests, wildlife habitat and the scenic corridors of
our rivers and communities. With a conservation easement, a landowner
donates -- and extinguishes -- the right to develop land intensively
for residential, commercial or industrial purposes to a state
agency or a land trust.
Who decides the terms of the easement on my land?
The terms of a
conservation easement are negotiated between the landowner and
the prospective easement holder, usually the Virginia Outdoors
Foundation. Generally, the tract must be 50 acres or larger. The
landowner can retain some development rights. An easement usually
allows one house site, which includes a main house and one smaller
dwelling, for each 100 acres. The easement is monitored and enforced
in perpetuity.
Why should a landowner donate a conservation easement?
- Some farmers want to ensure that their land remains as a
family farm.
- Some landowners want to conserve their property as wildlife
habitat.
- Some are attracted by the substantial
tax advantages of donating a conservation easement: state
income tax credits, federal and state tax deductions, reductions
in estate taxes.
- Some farmers need the cash generated
by an easement to keep the farm going.
- Each easement is individually tailored to meet a landowner’s
needs.
- Your community benefits as farmland, scenic vistas, water
supplies, woodlands and other open spaces are protected.
- Local taxes stay low: farmland genrates more revenue than
it uses in public services
- Land under easement may be freely sold or passed on to children.
- The landowner still owns the land and can continue all its
traditional uses.
How do I enter into a conservation easement?
Contact the New River
Land Trust to talk to a staff member about all aspects of a conservation
easement. The New River Land Trust has helped with easements on
over 28,500 acres of land in our area. We will provide information
and work with you and the Virginia Outdoors Foundation to negotiate
an easement that will meet your needs. We also recommend you consult
with your attorney and accountant.
To learn more about conservation easements, contact Elizabeth
Obenshain, Executive Director, (540) 951-1704, e-mail: nrlt@newriverlandtrust.org |
