Landowners who want to protect their land well into the future can enter into a conservation easement with a land trust, government agency, tribe or other qualified organization. Conservation easements offer effective and flexible protection, and are one of the most frequently used tools for conserving private land. It allows landowners to own, use, bequeath, or sell their land.
Each conservation easement is specifically designed to protect the conservation values of each property and meet the goals of the landowner and easement holder — typically a land trust. As a result, no two conservation easements are alike. Conservation easements offer great flexibility. For example, an easement on property containing rare wildlife habitat might prohibit any development, while an easement on a farm might allow continued farming and the addition of agricultural structures.
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A conservation easement is a legal agreement between a landowner and a qualified organization in which the landowner voluntary agrees to limit certain types of development and uses e. While the landowner relinquishes certain development rights, all other rights incidental to property ownership are retained by the landowner.
The landowner may sell, donate, lease, mortgage, and exclude others from their property, but the terms of the easement are binding on successive landowners.
Conservation easements are either perpetual or term and can be donated, sold or a combination of the two. Federal income tax and estate tax benefits are available to donors of perpetual conservation easements, and state income tax and local property tax benefits may be available.
Local land trusts, public agencies and many hunting conservation organizations hold conservation easements. The terms of each conservation easement are unique to each property and are tailored to meet the goals of the landowner and easement holder.
Typical rights retained include the right to hunt, fish, trap, farm, camp, plant food plots, harvest timber, and make other natural resource restorations that improve fish or wildlife habitat. Conservation easements may reduce the value of the property, but because rights like harvesting timber, farming, leasing and limited development are retained, the land holds economic value in addition to the conservation values that are protected.
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