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Conservation easements permit the use of land to be donated or sold as part of an estate plan. For those considering an easement donation or sale, an understanding of the statutory, regulatory, and common-law principles involved is imperative, as well as a working knowledge of how to use the available resources in this complex field. This hands-on guide features an invaluable collection of techniques and drafting tips learned from decades of conservation easement practice plus four actual conservation easements.
"Examines the case for introducing 'conservation covenants' into the law of England and Wales, and considers how a scheme of conservation covenants might be framed. A conservation covenant is a private agreement made by a landowner, for the purposes of conservation"--Page iii.
Voluntary land conservation, resulting from increasingly alluring tax benefits, has significantly changed the face of land use in the United States and promises to have an even more significant influence in the future. There are more than 1,500 land trusts in the U.S. today, involving millions of acres of land that have been permanently protected by conservation easements. Most of these land trusts depend heavily upon the significant income or estate tax benefits offered by the federal tax code as an incentive for voluntary land conservation. However, only a very small percentage of land trust personnel, landowners or their advisors, or even government officials, fully understand the complex...
A conservation easement is a legal agreement between a property owner and a conservation organization, generally a private nonprofit land trust, that restricts the type and amount of development that can be undertaken on that property. Conservation easements protect land for future generations while allowing owners to retain property rights, at the same time providing them with significant tax benefits. Conservation easements are among the fastest growing methods of land preservation in the United States today. Protecting the Land provides a thoughtful examination of land trusts and how they function, and a comprehensive look at the past and future of conservation easements. The book: provid...
Softbound - New, softbound print book.
No recent happening in land conservation rivals the rapid expansion of conservation easements and the related growth in the number of land trusts over the past 15 years. Among the forces driving this phenomenon are tax and other public subsidies and the view that the conservation easement is a win-win strategy in land protection. The thesis of this policy focus report is that conservation easements are a valuable land protection tool, complementing regulation, land acquisition, and tax policies, but that reforms are needed in tax and other laws and conventions governing easements, lest we risk losing the public benefits for which the easements were established.
The purpose of this audit techniques guide (ATG) is to provide guidance for the examination of charitable contributions of conservation easements. Users of this guide will learn about the general requirements for charitable contributions and additional requirements for contributions of conservation easements. This ATG includes examination techniques and an overview of the valuation of conservation easements. It also includes a discussion of penalties, which may be applicable to taxpayers and others involved in the conservation easement transaction. This guide is not designed to be all-inclusive. It is not a comprehensive training manual on the valuation of conservation easements.... Overview: To be deductible, donated conservation easements must be legally binding, permanent restrictions on the use, modification and development of property such as parks, wetlands, farmland, forest land, scenic areas, historic land or historic structures. The restrictions on the property must be in perpetuity.
A concise and readable guide to conservation easements for ranchers, conservationists, and developers concerned with protecting the natural and scenic values of ranch lands in the western United States. Shows how ranchers can reduce estate taxes, generate and shelter income, and combine land conservation with estate planning.