A
conservation easement is a legal agreement that protects land from being developed or changed in order to preserve its natural state or historical significance. It allows the owner of the land to continue owning and using the property, but limits certain activities to ensure the conservation of the land's important features.
Full definition
Highlights include protecting 305 properties
with conservation easements, working with local and state partners and private citizens to raise more than $ 15.4 million to buy development rights on over 2,500 acres of working farmland in 11 Dutchess County towns, and working with Dover, the county and a private citizens group to preserve the Dover Stone Church property for passive recreational use.
Our bill provides tax relief to farmers and other landowners by amending estate tax rules
for conservation easements through an increase in the maximum exclusion amount to $ 2 million and increasing the base percentage to 60 %.
Over the past 18 years,
conservation easements in which Scenic Hudson has partnered have put more than $ 45 million directly into the hands of farmers.
In December 2016, the agency put out a notice that characterized
syndicated conservation easements as «listed transactions,» defining them as potential tax avoidance strategies.
Small helped write the charitable - gift rules at the IRS and is now a tax attorney in Cambridge, Mass. «They're tax shelters masquerading
as conservation easement transactions, based on highly inflated appraisals.
Protected via a
donated conservation easement, the forested property also is highly visible from numerous public viewpoints, including South Mill Road (a state - designated Scenic Road), Amtrak, the Hudson River and two of Scenic Hudson's most popular Ulster County parks — Esopus Meadows Preserve and Shaupeneak Ridge.
It
holds conservation easements on more than 2,000 acres, owns two public parks — including Burger Hill Park in Rhinebeck, originally protected by Scenic Hudson — and has established miles of hiking trails.
Scenic Hudson previously
acquired conservation easements from Ms. O'Neal on three nearby parcels of farmland, all located within the rural heart of Clermont along Route 9G.
Selling conservation easements does not, however, mean that the land must be farmed, and that can be a problem for programs intent on keeping farmland productive.
This answer is repeated in defense of setting aside fragile ecosystems, designating roadless areas,
granting conservation easements, protecting the river bluffs, and establishing stricter zoning codes in counties.
Preserving farms
via conservation easements helps sustain the viability of existing farms and keeps the land available for the next generation of farmers.
The transaction is the largest working
forest conservation easement granted by a private forest owner in the state and first to include lands owned and managed by a major commercial timberland interest, Wal - Mart says.
«
Conservation easements don't usually involve granting physical access to a property as do other easements,» Blaesser said, but rather exist for some sort of public benefit.
COPAKE (COLUMBIA COUNTY)-- Scenic Hudson and the Columbia Land Conservancy (CLC), with support from the USDA - Natural Resources Conservation Service (NRCS) Agricultural
Conservation Easement Program - Agricultural Land Easement (ALE) component, Equity Trust and The 1772 Foundation, recently collaborated with the Kiernan and Sullivan families to protect 350 acres of high - quality farmland — the heart of their farm operations, known as Walt's Dairy.
Stephen J. Small, an attorney in Cambridge, Massachusetts, who helped
write conservation easement regulations for the IRS, said there is value in deals where a landowner protects a piece of property they love and don't want to see developed.
Total deductions nationwide for
conservation easements reached $ 3.2 billion in 2014, up from $ 1.1 billion in 2013 and $ 971 million in 2012, according to a 2017 Brookings Institution report.
Yet many syndicated
conservation easements largely represent tax shelters whereby investors who don't care about the property are just buying an income tax deduction with inflated appraisals, Small said.
The traditionalists are embodied by the Land Trust Alliance, a Washington, D.C., association whose dues - paying membership includes the vast majority of the nonprofit trusts that, by law,
administer conservation easements.
There are a number of conditions for pasture land purchases including each pasture must be maintained in each block, sales will be based on market value, native prairie lands will be subject to no - break / no -
drain conservation easements and federal Species at Risk Act will be enforced.
Republican Congressman Chris Gibson, who co-sponsored the America Gives More Act, says the legislation includes provisions to incentivize landowners to
create conservation easements.
Ashlea Ebeling, in a piece for Forbes
about conservation easements, sends readers to our site for an explanation of the 3 % reduction in itemized deductions («Pease» rule).
In addition to outright land acquisition, we also use a legal tool
called conservation easements in the United States, where you buy a restriction on a piece of property.
Migliorelli Farm (Red Hook) Owner - Operator and NYC Greenmarkets vendor Ken Migliorelli — «I've
placed conservation easements on my own farmland, and I always encourage other farm families to do the same.
Presenter, Second National People of Color Legal Scholarship Conference, A Time to Preserve: A Call for Formal Private - Property Rights in
Perpetual Conservation Easements, 2004
Today, the Hutchinson family has
planned conservation easements that permanently protect 650 acres and that allow the family to continue working the land, while ensuring it can never be subdivided or fragmented.
In most of nearly 30 states that
buy conservation easements from farmers, however, the amount of farmland that has actually been protected from development is modest.
A Farmland Information Center study of the federal FRPP confirmed that most farmland protected from development through use of
conservation easements stays in farming.
Purchasing conservation easements from farmers helped to accomplish all three of those goals in Kane County, Ill., about 60 miles west of Chicago, said Janice Hill, the county's farmland protection manager.
Blaesser discussed the pros and cons of
conservation easements Tuesday at the Land Use, Property Rights, and Environmental Forum during the 2012 NAR Midyear Legislative Meetings in Washington, D.C.