What Is a Conservation Easement?

A conservation easement is a voluntary, legally-binding agreement between a landowner and a land trust or a government entity that permanently limits use of the land in question to protect a set of conservation values. It allows the donor of the easement to continue owning and using the land and to sell it or pass it on to heirs, provided that the terms of the easement are adhered to. When land is conservation-easemented to a land trust such as El Pasos Frontera Land Alliance, a 501(c)3 organization ( www.fronteralandalliance.org ), the donor gives up some of the rights that are traditionally associated with land ownership. Thus the donor might give up the right to build additional structures while retaining the right to build water-storage facilities. Future owners of the stipulated land will be bound by the easements terms, which run with the land, to use the legal phrase. In turn, the land trust is responsible for making sure that the terms of the easement are followed. Conservation easements offer great flexibility. Thus an easement on property containing rare wildlife habitat might prohibit any development, while an easement on a farm might allow continued farming. Landowners sometimes sell easements, but usually they are donated. If the donation benefits the public by permanently protecting conservation resources and also meets other federal tax code requirements, the donation can qualify as a tax-deductible charitable donation. (The amount of the donation is the difference between the lands value WITH the easement and the lands value WITHOUT the easement.) Land trusts have the expertise and experience to work with landowners and ensure that the land will remain as permanent open space. Conservation easements are very popular. In the years between 2000 and 2005, the amount of easemented land doubled to 6.2 million acres. Easements protect all types of land, including coastlines, farms and ranches, historical or cultural landscapes, scenic views, streams, arroyos, rivers, trails, wildlife areas, and working forests. Easements restrict development to the degree that is necessary to protect the significant conservation values of the property in question. Sometimes this prohibits construction; sometimes it does not. Landowners and land trusts, working together, can write conservation easements that reflect both the landowners desires and the stipulated conservation values. To write a conservation easement, contact a land trust in your community (such as the Frontera Land Alliance, see above) to become acquainted with the organization and the services it provides. Explore with them the conservation values you want to protect. Discuss what you want to accomplish, and what development rights you want to retain. (The above is condensed from the website of the Land Trust Alliance, a national organization serving the land-trust community. See www.landtrustalliance.org/conservation/landowners/ .)