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Conservation easements are one of the principal methods of protecting land and other resources. A conservation easement is a legal document through which a property owner voluntarily gives up the right to undertake certain activities on his land in perpetuity. This provides a mechanism for private property owners to control the future use of their land. Many landowners wish to maintain control of their property, but wish to know that the property will be kept in a natural condition forever. Each conservation easement is unique and is designed to meet the wishes of the landowner and the particular resources associated with the property. Some facts about conservation easements:
- A conservation easement is a voluntary contract between a private landowner and a conservation organization, usually a land trust or land conservancy.
- Conservation easements restrict the use of the land forever. The terms of the easement become part of the deed and pass from one owner to the next.
- In most cases, the owner continues to use the property for any activities not covered by the easement.
- Conservation easements may restrict uses of the land, such as construction of buildings, clearing of land, forestry activities, and other development activities.
- Conservation easements can be tailored to meet the needs of the individual property owner. If a farmer wishes to preserve the agricultural use of his land, a conservation easement can permit specified farming uses while restricting development of the land.
- There can be tax advantages to the landowner. The value of the easement can be determined, and in most cases can be deducted as a contribution up to 30% of adjusted gross income, and the deduction may be spread over six years. Easements may also reduce estate taxes by as much as 55%. Landowners interested in conservation easements should consult a tax attorney before acting.
- The land trust or other organization accepting the conservation easement has a responsibility to do initial assessments of the property and to periodically inspect the property to ensure that the agreement is being honored.
The Katawba Valley Land Trust has negotiated conservation easements on a number of properties, including easements providing buffers along the Catawba River, land along several creeks and tributaries of the river, and important historic sites.
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