Conservation Easements
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Conservation Easements

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    Conservation Easements Conservation Easements Document Transcript

    • CONSERVATION EASEMENTS RESOURCE SERIES Abstract Conservation easements are a useful legal tool to preserve farmland by limiting land uses. They are used to prevent development or to preserve scenic, natural, or other values the land may hold. Once in place, an easement runs with the deed, and, therefore, future landowners must abide by the terms of the agreement. Landowners either donate or sell a conservation easement to a recipient that holds the easement and is responsible for monitoring the terms of the easement for compliance. When easements are sold, the price is often the difference between the value of the land if used for development and its value under current use. When easements are donated, a federal income tax deduction can be taken. Typical easement holders are land trusts managed by non-profit organizations or governments. Governments often fund easement purchases by various means to meet local community objectives such as watershed protection or historic preservation. Several organizations are available to provide detailed information on conservation easements.By Preston Sullivan Table of ContentsNCAT Agriculture SpecialistAugust 2003 Introduction ........................................................................ 2 Benefits of Conservation Easements ........................................................................ 2 What is allowed under a typical Conservation Easement .................................... 3 Question: What are the Results of Placing an Easement What do the Gettysburg battlefield, ........................................................................ 4 How Conservation Easements Affect Land Value the viewscape from Mt. Vernon ........................................................................ 4 Who Are the People Holding the Easement across the Potomac river, and New ........................................................................ 5 York City’s Greenacre Park all have in Monitoring and Enforcement ........................................................................ 5 common? Examples of Government Incentive Programs ........................................................................ 6 Easements in Action Answer: ........................................................................ 7 Next Steps The land they occupy is permanently ........................................................................ 8 Additional Resources protected from development through ........................................................................ 8 American Farmland Trust Publications conservation easements. ...................................................................... 10 References ...................................................................... 11ATTRA is the national sustainable agriculture information service operated by the National Center forAppropriate Technology, through a grant from the Rural Business-Cooperative Service, U.S. Departmentof Agriculture. These organizations do not recommend or endorse products, companies, or individuals.NCAT has offices in Fayetteville, Arkansas (P.O. Box 3657, Fayetteville, AR 72702), Butte, Montana,and Davis, California.
    • something with the property, such as constructIntroduction a house, or drill for minerals (Diehl and Barrett, 1988). Placing a conservation easement on the The purpose of this publication is to provide property causes current and future landown-a brief overview of what conservation ease- ers to give up one or more of the rights in thements are, then direct the reader to other re- bundle. Which rights to give up are spelled outsources. Losing farmland to development hardly in the easement document. Easements may beseems sustainable. Conservation easements pro- applied to an entire parcel or portions of a largervide a means to prevent development on a given holding.parcel and to preserve farmland for a variety ofreasons, including community esthetics, thedesires of the community, intergenerational landtransfer without inheritance taxes, and to main-tain family traditions. Additionally, there aremany acres of historic farms around the coun-try that operate under conservation easements.Many thousands of acres of western ranchingland have been placed under conservation ease-ments to prevent development. These areaswould be covered over with houses andranchettes otherwise. Conservation easements are legally binding,permanent deed restrictions (encumbrances) Dede DeBruhl and Reggie Liddell,voluntarily placed on a parcel of land by the NRCS district conservationists, workowner. The easement either permanently re- on a conservation plan for farmlandstricts the land to specific uses or prohibits cer- in the middle of an urbanizing area intain specified uses. Easements create a writtenlegal agreement between a landowner (grantor) Forsyth County.and a conservation organization or governmentagency (grantee) that holds the easement and Photo by Bob Nichols, USDA Natural Resourcesmonitors the land for compliance. Grantees are Conservation Services.typically foundations and charitable organiza-tions known as “land trusts” that buy or receivethrough donations conservation easements thatachieve their conservation mission of preserv-ing land from development. County or city gov- Benefits of Conservation Easementsernments may buy easements as part of land-use-planning projects, for watershed protection, A primary reason people put their land intoecological significance, or to preserve land of easements is that they want to prevent un-historic significance. While the land protected wanted development on the land, yet retainby a conservation easement remains in private ownership. Other reasons are to protect spe-ownership and management, the qualifying cial or rare ecosystems from any type of con-non-profit organization or public agency pro- sumptive uses such as timber harvesting or min-vides monitoring and enforcement of the restric- ing. Conservation easements often maketions placed on the land. intergenerational transfer of land easier by low- Conservation easements contain specific ering or eliminating inheritance taxes or reduc-land-use restrictions and so differ from typical ing the land’s selling price to a level where theeasements a utility might use to put a power next generation can afford to buy it. Conserva-line across someone’s property. Both the cur- tion easements give owners a way to controlrent and future owner’s rights to certain speci- their land after they sell it—or even afterfied land uses are relinquished, while others are death—which could be a benefit or detriment.retained. A useful analogy is to consider own- Plenty of careful consideration should be givening property as holding a bundle of rights to do before granting a conservation easement—be-PAGE 2 //CONSERVATION EASEMENTS
    • cause it is permanent. The easement has to be source category 1 (public recreation and/orrecorded on the title, or it is not enforceable. A education), the general public must have thecash bond for your grantee or a backup grantee regular opportunity for access to and use of the(government agency) generally needs to be in property (Diehl and Barrett, 1988). There mustplace to pay for monitoring the land for com- be something about the property that makes thepliance to the terms of the easement. Compe- public want to use it, such as being attractive ortent legal and financial counsel should be sought containing resources of educational value. Forbefore granting a conservation easement. resource category 2 (significant natural habitat), Many state, federal, and local programs use the property must be in a relatively natural stateconservation easements to accomplish conser- and either rare, endangered, or threatened spe-vation objectives. For example, the Forest Legacy cies must be present; or the property must con-Program is a federal program designed to con- tribute to the ecological viability of a park orserve resource values of forest land with national other conservation area; or it must otherwisesignificance that are threatened with conver- represent a high quality native terrestrial orsion to nonforest uses. The Farmland Protec- aquatic ecosystem (Diehl and Barrett, 1988).tion Program, administered by USDA’s NRCS Resource category 3 (open space for scenic en-agency, uses conservation easements to help joyment) lands must indeed be scenic, as wellfarmers keep their land in agriculture. Other as easily seen by the public, and protection ofland trusts are formed with a specific parcel or the property must yield a significant public ben-two in mind. These smaller land trusts are of- efit (Diehl and Barrett, 1988). Lands qualifyingten under-capitalized, may be less stable over for resource category 4 (open space pursuantthe long term, and may need a backup grantee to government policy) require that protectionlisted in the easement. American Farmland Trust of the property is pursuant to a clearly delin-and The Nature Conservancy are major ease- eated federal, state, or local governmental con-ment holders, but they only accept easements servation policy, and protection of the propertythat meet specific criteria, such as providing must yield a “significant public benefit” (Diehlcritical habitat, or are of some minimum size. and Barrett, 1988). Finally, land preserved by easement under resource category 5 (historic value) must be a “historically important land area.” The land must be either independentlyWhat is allowed under a typical significant, deemed to contribute to a registeredConservation Easement? historic district, or must be adjacent to a prop- erty listed individually in the National Register Federal regulations governing tax benefits of Historic Places where the physical or envi-derived from donating an easement require that ronmental features of the land area contributecertain conservation values be associated with to the historic or cultural integrity of the Na-the easement donation. They are: wildlife habi- tional Register property (Diehl and Barrett,tat, open space, scenic easements, and agricul- 1988).ture (Sherrod, no date). Specifically, the Inter- Farmland can qualify as scenic and also in-nal Revenue Code allows tax deductions for clude relatively natural wildlife habitat. Whereeasement donations in five resource categories farmland does not meet the scenic or wildlife(Diehl and Barrett, 1988). habitat requirements, it must qualify under the tax code’s open space test for “clearly delineated1. public recreation and/or education governmental policy” and “significant public2. significant natural habitat benefit” (Diehl and Barrett, 1988). Regardless3. scenic enjoyment of these qualities, the principal objective of an4. pursuant to local governmental agricultural easement is to preserve farmland policy (may include farmland for its crop and livestock productivity. Signifi- and forest land) cant public benefit arises from the land’s capa-5. historic preservation bility, a stable agricultural infrastructure, ab- sence of conflict with adjacent non-farm uses, Diehl and Barrett (1988) expand on these and the relative size of a given parcel (Diehl andfive IRS resource categories. To qualify for re- Barrett, 1988). //CONSERVATION EASEMENTS PAGE 3
    • In many cases conservation easements are What are the Results of Placingused to prevent development of land by limit- an Easement?ing the land to agriculture uses. In some cases,commercial development related to the farm-ing operation is allowed, such as building or re- Easements may affect financing of land,placing barns or other structures. Easement re- since the property loses its most valuable assetstrictions can be broad or narrow, depending (development potential). Easements may alsoon the farmer’s interest and the objectives of the be difficult to place on land that is currently be-easement holder. Easement holders, such as the ing financed. In some cases, up to 10% of theUSDA Farmland Protection Program or the property value may be required to be placed inNature Conservancy, may require that farmers a trust for monitoring and enforcement pur-implement specific conservation practices on poses (Wolfshohl and Leidner, 2001). Profes-their farms, while other easement holders do not sional people are involved in drawing up therequire adherence to any specific farming prac- easement, including lawyers and sometimes ap-tices. Overall, the easement depends on the praisers, biologists, and foresters.landowner’s wishes, as every easement is Most conservation easements are perma-unique. Conservation easements may be de- nent unless they have a specified term. It is nextsigned to cover an entire parcel or a portion of to impossible to terminate a conservation ease-it. Such would be the case if additional home ment. The easement is legally binding on presentsites were desired on the property. The grantor and future landowners, because the easementretains ownership, or the property can be sold, goes with the deed as an encumbrance.leased, or given away. All future owners mustabide by the conditions of the easement—theeasement runs with the land. The public doesnot have access to the property under an ease- How Conservation Easements Affectment unless such rights are specifically allowed. Land Value Removing the development rights from land generally reduces its value. The value assigned to a conservation easement amounts to the difference between the land use prescribed by the restriction placed on it by the easement, and the value of the land if used for a higher- value purpose, such as develop- ment. The value is usually determined by a professional appraiser who de- termines the differ- ence between fair market value of the property, using comparable sales in the area, and the Contrast of a wheat field and new subdivisions in Yuma, AZ. land’s value under Photo by Jeff Vanuga, USDA Natural Resources Conservation Services. the restrictions ofPAGE 4 //CONSERVATION EASEMENTS
    • the easement. Selling an easement is a way for sidered a back-up grantee, where the statean owner to receive the equity for the higher- agency serves as a backup to the non-profit or-value land use but retain the land for agricul- ganization in the event the grantee wants or hasture purposes. In the case of a donated conser- to transfer the easement. If the easement was avation easement, the owner receives a tax ad- tax-deductible gift, the IRS requires that the newvantage for donating the easement. The value easement recipient be qualified to hold ease-of the easement may allow donors to deduct up ments under the relevant state and federal laws,to 30% of their adjusted gross income during and the transferee must agree to continue tothe year of the charitable donation from their enforce the easement restrictions (Diehl andfederal income tax (Mill, 2001). Easement do- Barrett, 1988). Some landowners like the ideanations that are not fully deducted in the first of granting an easement to an organization thatyear can continue to be deducted for the next has a larger entity backing it up—it providesfive years (Mill, 2001). Some states also allow more assurance. The key is to pick an organi-state income tax deductions for donating con- zation that is stable and that you can trust. Theservation easements. Easement value in excess easement holder must be stable and have enoughof the annual limit can be claimed for an addi- resources to monitor and enforce the terms oftional five years past the donation year. Reduc- the easement. Examples exist of land undertions in estate taxes and property taxes can also easement being purchased and used for devel-be realized from conservation easements. opment, since the new owners were either not made aware of the easement or the easement was not enforced because the holder did notWho Are the People have sufficient resources to do so (Hill, 2002,Holding the Easement? American Farmland Trust, 2001). More than 1200 land trusts operate in the U.S. (Land Trust Alliance Web site). As of Dec. Easements can be held by either nonprofit 31, 2000, 6,225,225 acres of land had been pro-land trusts or by government agencies that pro- tected by local and regional land trusts—a 226tect the land directly through the establishment percent increase over the past 10 years (Nationalof the easement. Land trusts are conservation Land Trust Census Web site). Land trusts rangeorganizations directly involved in protecting from small operations using all volunteer staffland for natural, agricultural, historic, recre- to larger ones having many staff, a board of di-ational, or cultural purposes. To achieve their rectors, and large memberships. Some of thepurpose of protecting land, they use conserva- more well-known land trusts are Trust for Pub-tion easements, purchase land, or accept land lic Land, The American Farmland Trust, andthrough donations. They can be local, regional, The Nature Conservancy. Some land trusts ex-statewide or national in their scope. Land trusts ist for a specific tract of land and consequentlyare typically structured as non-profit organiza- are quite small. Two of the modest-sized landtions, which gives them the advantages of trusts are The Minnesota Land Trust and Ver-prompt response time, fewer regulatory/statu- mont Land Trust. Contact information for thesetory restraints, confidentiality, a tax exempt sta- land trusts can be found in Additional Re-tus, and professional stewardship services sources section.(Schear and Blaine, no date). Public agencies perform a function similarto private land trusts’ in states where the lawsare structured to allow them to hold conserva- Monitoring and Enforcementtion easements. Public agencies have the ad-vantages of needing less time and paperwork Monitoring and enforcing the terms of ato get started and having a higher probability conservation easement require a serious com-that they will continue to serve their easement mitment from the easement holder (themonitoring function into perpetuity. Some grantee—land trust or government agency).states require that both a non-profit and a pub- These commitments, and adequate funding inlic, local, or state agency hold conservation ease- the form of an endowment or bond, need to bements to assure maximum protection for lands made at the time the easement is established tounder easement. This situation would be con- claim an IRS deduction. Funding for monitor- //CONSERVATION EASEMENTS PAGE 5
    • ing purposes can come from several sources. In toring for compliance, the easement holder hassome cases the grantor also supplies a cash bond no other management responsibilities and nofor easement monitoring. In some cases stock direct control over the land.or life insurance policies are placed in trust un-til the owner dies and are then used as moni-toring funds. Some government agencies ac- Examples of Government Incentivecept easements without extra funding for moni- Programstoring. Some easement trust administrators raisemonitoring money from the public or philan-thropic foundations. Monitoring routinely in-volves an annual inspection of the land to as- Forest Legacy Programsure that the conditions of the easement are be- The Forest Legacy Program conserves for-ing upheld. If the easement is breached, the estland of regional and national significance,holder will take whatever actions are necessary, that is threatened with conversion to nonforestincluding legal action, to get the land back into uses. The U.S. Forest Service and its partners,compliance. The landowner retains full rights working with willing landowners to accomplishto control and manage the property within the the conservation objective, use conservationconditions of the easement. Other than moni- easements or buy land. The program assures traditional uses of private lands, and public val- ues of forestlands are protected for future gen- erations. It protects wildlife habitat, preserves watershed functions, and maintains recre- ational capacity of the lands put into the pro- gram. More than 20 states already have active programs underway, and 10 or more states are developing plans. As of 2000, 111,290 acres had been added to the Forest Legacy Program at a cost of $27 million. P.A.C.E. programs PACE stands for Purchase of Agricultural Conservation Easements. PACE programs com- pensate landowners for placing land-use restric- tions on their property, typically by selling de- velopment rights to PACE. These programs are administered by state or local governments, or by organizations. Landowners participate vol- untarily. Depending on the intent of a given PACE program, it can protect resources for ag- ricultural or ecological purposes. In many cases the demand for PACE funds exceeds their avail- ability, resulting in waiting lists and delays or missed opportunities to protect land (Anon., 1998). New homes replace farmland in Dallas Funding for PACE programs typically County, Iowa, as suburbs of Clive and comes from general obligation bonds, property Waukee grow on the west side of Des taxes, real estate transfer taxes, sales taxes, an- nual appropriations, federal funds, and other Moines. sources. As of spring 2001, there were at least 41 independently funded PACE programs in 14 Photo by Lynn Betts, USDA Natural Resources states (Anon., 2001a). That same year at least Conservation Services. 20 states had state-level PACE programsPAGE 6 //CONSERVATION EASEMENTS
    • (Anon., 2001b). To learn more, contact the area. In addition to their sold easement, theyAmerican Farmland Trust (see the Additional donated a second one to the Nature Conser-Resources section) and request their Fact Sheets vancy of 4,700 acres that, under the easement,on PACE programs. can never be used for residential or commercial development. They retained the right to theirFarmland Protection Program (FPP) ranching operations and hunting. Rather than The FPP helps farmers and ranchers keep pay taxes on the fair market value of the landtheir land in agriculture through voluntary with 2000 homes on it, they have reduced themeans. The program provides matching money value to around 60% of what it was (Wolfshohlto state, tribal, or local governments and non- and Leidner, 2001).profit organizations with ongoing farmland Colorado ranchers Cathy and Mike McNeilprotection programs to buy conservation ease- are working with 27 neighbors to put 15,000ments. To get funding, the landowner submits acres into conservation easements. This effortan application to state, tribal, or local govern- will protect Rock Creek that flows through ament or a qualifying non-profit organization scenic part of southern Colorado. Rock Creekthat has an existing farmland protection pro- is one of the remaining undeveloped streamgram. FPP is funded through the Commodity corridors in the San Luis Valley. The McNeilsCredit Corporation (NRCS, 2002). Through plan eventually to put all their land into con-2001, more than 108,000 acres have been pro- servation easement, but for now they are put-tected in 28 states (NRCS, 2002). New language ting just 480 acres into the Rock Creek project.in the 2003 Final Rule for the Farm and Ranch Also in their area, a valley-wide effort called theLands Protection Program links land protection Rio Grande Headwaters Trust seeks to protectto farmland transfer to next-generation farm- farming families and farmland. The project willers. With the new rule, farms saved from de- involve hundred of thousands of acres of devel-velopment can remain viable farms. Now NRCS opment rights being purchased. (Wolfshohl andcan place a higher funding priority on farms or Leidner, 2001).ranches that have a farm succession plan es-tablished to encourage farm viability for future The following summary comes from an article published ingenerations. To learn more about the Farmland Holistic Management In Practice. For a full-length story see: Howell, Jim, and Daniela Howell. 2001. From here toProtection Program, visit your local USDA Ser- eternity—redefining conservation easements. Holisticvice Center listed in the phone book under U.S. Management In Practice. Number 80. November-December.Department of Agriculture. p. 6. Jim and Daniela Howell were faced with theEasements in Action same dilemma as thousands of other family ranchers across the west—land prices skyrock-The following two summaries come from an article published eting far above the land’s agriculture value.in Progressive Farmer. For a full-length story see: Realizing that the inflated value of their ranchWolfshohl, Karl, and John Leidner. 2001. When near Montrose, Colorado, created estate taxesconservation easements help. Progressive Farmer. July. p. far above what their family could ever pay, they20-23. resorted to donating a conservation easement to the Black Eagle Regional Land Trust. Once Fred and Vera Shield own a 6700-acre ranch the easement was in place, their peace of mindnear Austin, Texas. Even though suburban de- over the estate tax issue returned. People at thevelopment encroaches on their borders, the land trust worked with Jim and Daniela dili-Shields would like to preserve the land for their gently by listening well and answering theirdaughter Patricia Ayers and her husband Bob. concerns about the easement restrictions. ThereTo do this, they sold conservation easements on were no prejudices against any specific tool orthe ranch. Donations of easements are not un- land management practice put in the easement.common in Texas, but in this case the city of The easement did have some criteria to guideAustin paid the Ayres family for an easement its monitoring to ensure good stewardship ofon 1,676 acres to protect an aquifer recharge the land. To this end, the Howells attached a //CONSERVATION EASEMENTS PAGE 7
    • future landscape description to the easement. Additional ResourcesSince the easement began, a good relationshiphas continued with the land trust folks. The OrganizationsHowells keep them informed of their manage-ment decisions by provide them with long-termmanagement plans for their ranch as well as American Farmland Trust is a nationwide nonprofitany major infrastructure developments. organization dedicated to protecting agriculturalNext Steps resources. AFT’s mission is to stop the loss of productive farmland and to promote farming For those seeking further guidance on con- practices that lead to a healthy environment.servation easements, an Additional Resources Contact them at:section is provided below. Several organiza-tions, including the American Farmland Trust American Farmland Trustand The Trust for Public Land, deal with con- 1200 18th Street, NW, Suite 800servation easements routinely. They can pro- Washington, DC 20036vide more literature and advice. Finally, seek 202-331-7300reliable legal and financial counsel before pro- Fax: 202-659-8339ceeding. E-mail: info@farmland.org http://www/farmland.org Trust for Public Land is a national nonprofit organization working exclusively to protect land for human enjoyment, recreation, and spiritual nourishment, and to improve the health and quality of life of American communities. The Trust for Public Land National Office 116 New Montgomery St., 4th Floor San Francisco, CA 94105 415-495-4014 Fax: 415-495-4103 E-mail: info@tpl.org http://www.tpl.org The Land Trust Alliance promotes voluntary land conservation and provides the information, skills, and resources that land trusts need to conserve land for the benefit of communities and natural systems. Land Trust Alliance 1331 H Street, NW, Suite 400 Washington DC 20005-4734 202-638-4725 Fax: 202-638-4730PAGE 8 //CONSERVATION EASEMENTS
    • E-mail: lta@lta.orghttp://www.lta.org Vermont Land Trust 8 Bailey AvenueThe Nature Conservancy Montpelier, VT 05641Offices in most states and worldwide 802-223-52434245 North Fairfax Drive, Suite 100 802-223-4223Arlington, VA 22203-1606 E-mail: info@vlt.org800-628-6860 http://www.vlt.org/703-841-5300http://www.nature.org Gathering Waters – An organization unit- ing Wisconsin’s Land Trust MovementThe Conservation Fund http://www.gatheringwaters.org1800 North Kent Street, Suite 1120Arlington, VA 22209-2156 Maine Land Trust Network703-525-6300 http://www.mltn.orgFax: 703-525-4610E-mail: postmaster@conservationfund.org Finger Lakes Land Trusthttp://www.conservationfund.org http://fllt.orgThe Wildlife Land Trust The Jefferson Land Trust (Washington State)2100 L Street, NW http://www.saveland.orgWashington, DC 200371-800-729-SAVE The Land Trust for TennesseeE-mail: wlt@hsus.org http://www.landtrustth.comhttp://www.wlt.org Oregon Sustainable Land TrustAmerican Wildlands http://osalt.orgP.O. Box 666940 East Main Street, Suite 2 The Kona Land Trust (Hawaii)Bozeman, MT 59771 http//:www.konalandtrust.org406-586-8175Fax: 406-586-8242 Land Trust LinksE-mail: info@wildlands.org http://www.possibility.com/Landtrust/http://www.wildlands.org jump.htmlColorado Cattlemen’s Agricultural Find a Land Trust page on the Land TrustLand Trust Alliance Web page8833 Ralston Road http://www.lta.org/findlandtrust/Arvada, CO 80002303-421-6422Fax: 303-421-1316 Books and Other Publications:E-mail: ccaglt@aol.orghttp://www.ccalt.org Small, Stephen J. 1998. Preserving Family Lands. Book I: Essential Tax Strategies for theThe Minnesota Land Trust2356 University Ave. W. Landowner, 3rd edition. Landowner PlanningSuite 240 Center, Boston, MA. 117 p.St. Paul, MN 55114651-647-9590Fax: 651-647-9769 (fax) Small, Stephen J. 1997. Preserving Family Lands,E-mail: mnland@mnland.org Book II: More Planning Strategies for the Future.http://www.mnland.org //CONSERVATION EASEMENTS PAGE 9
    • Landowner Planning Center, Boston, MA. 119 p. November. 2 p. Land Trust Alliance. 1993. The Standards andSmall, Stephen J. 2002. Preserving Family Lands. Practices Guidebook, An Operating Manual forBook III: New Tax Rules and Strategies and a Land Trusts. 564 p. Available from the Land TrustChecklist. Landowner Planning Center, Boston, Alliance for $45 to members; and $65 to non-MA. 125 p. members. All three books available from: Farmland Protection Program Landowner Planning Center Law Office of Stephen J. Small,Esq. http://www.nrcs.usda.gov/programs/fpp 75 Federal Street, Suite 1100 Boston, MA 02110-1911 Forest Legacy Program http://www.stevesmall.com http://www.fs.fed.us/spf/coop/flp.htmSmall, Stephen J. 1999. The Federal Tax Law ofConservation Easements. The Land Trust Alliance, American Farmland Trust Publications2nd edition. ISBN: 0943915023. Pagesunknown. Your Land is Your Legacy. 2002. ($9.95) Written especially for farmers and ranchers, this publication answers all your estate planningGustanski, Julie Ann (ed.) et al. 2000. “Protecting questions and incorporates tax changes from thethe Land, Conservation Easements, Past Present 2001 Tax Relief Reconciliation Act.and Future.” 450 p. Island Press. ISBN: Saving American Farmland: What Works.1559636548. $40 Available from bookstores. 1997. ($34.95) A comprehensive guidebook that presents the latest research, tools, and strate-Diehl, Janet, and Thomas S. Barrett. 1988. The gies on farmland protection.Conservation Easement Handbook: Managing Sharing the Responsibility: What AgriculturalLand Conservation and Historic Preservation Landowners Think About Property Rights, Gov-Easement Programs. Land Trust Alliance, ernment Regulation and the Environment. 1998. ($9.95) A nationwide survey of farm, ranch, andWashington, DC. 269 p. $35. Available from forest landowners reveals their beliefs aboutbookstores. sharing the cost of environmental protection with the general public and includes recom- mended policies, regulations, and incentives toBick, Steven, and Harry L. Haney. 2001. The protect these resources.Landowner’s Guide to Conservation Easements,ISBN: 0787276413. 179 p. Sponsored by the (PACE) Purchase of Agricultural Conservation Easements: What Works. 1997. ($14.95) A com-American Farm Bureau Federation. Kendall/Hunt prehensive report, including selecting farmlandPublishing Company. $24.95. Available from to protect, determining restrictions, valuingbookstores. easements, funding sources and payment meth- ods, and using PACE with other farmland pro- tection techniques.Herrick Mill. 2001. Agricultural ConservationEasements. Fact Sheet. American Farmland TrustPAGE 10 //CONSERVATION EASEMENTS
    • PACE Kit — Includes the Farmland Forever Farmland Trust Farmland Information Center. 2 p.video, PACE: What Works, and three PACE factsheets. All for $25.00. Add either Forging New Anon. 1997. Revised 1997 national resourcesProtections or Investing in the Future of Agri- inventory: changes in land cover use. Landworks.culture for just $10. American Farmland Trust. 3 p. Diehl, Janet, and Thomas S. Barrett. 1988. The American Farmland, The Magazine of Conservation Easement Handbook. Land TrustAmerican Farmland Trust. $20/year from Alliance, Washington, DC. 269 p.American Farmland Trust (see Organizationssection of Additional Resources). Hill, Nathan. 2002. Green Acres. Land trusts help protect the environment and save money too. Land & People, a magazine published twice E Magazine. Volume 13, No. 1. p. 44-46.each year for Trust for Public Land supportersand partners. It contains articles and interviews Howell, Jim, and Daniela Howell. 2001. Fromon land conservation topics and on TPL projects here to eternity—redefining conservation easements. Holistic Management In Practice.nationwide, as well as essays on the importance Number 80, November-December. p. 6.of conserving land for people and the meaningof land in people’s lives. Land Trust Alliance http://www.lta.org/aboutlt/index.htmlAmerican Farmland Trust Factsheets: Mill, Herrik. 2001. Agricultural ConservationAgricultural Conservation Easements (2002) Easements. Fact Sheet. American FarmlandFarmland Protection Program (1998) Trust. November. 2 p.Farmland Protection Policy Act (1998) National Land Trust CensusFarm Transfer and Estate Planning (2001) http://www.lta.org/aboutlt/census.shtmlPurchase of Agricultural Conservation Ease- NRCS. 2002. Farm Bill 2000. Farmland pro-ments (1998) tection program. NRCS Fact Sheet. May. 2 p.Purchase of Agricultural Conservation Ease-ments: Sources of Funding (1999) Schear, Peggy, and Thomas W. Blaine. No date. Land trusts. Ohio State University Fact Sheet.Status of local PACE Programs (2001) Community Development. CDFS-1262-98, 3 p.Status of State PACE Programs (2001)Transfer of Development Rights (2001) Sherrod, Lynne, Executive Director Colorado Cattlemen’s Agricultural Land TrustWhy Save Farmland (2002) 8833 Ralston Road Arvada, CO 80002 (303) 421-6422 Fax: (303) 421-1316References ccaglt@aol.org http://www.ccalt.orgAnon. 2001a. Status of Selected Local PACEPrograms. Fact Sheet. American Farmland Trust Wolfshohl, Karl, and John Leidner. 2001. WhenFarmland Information Center. August. 4 p. conservation easements help. Progressive Farmer. July. p. 20-23.Anon. 2001b. Status of State PACE Programs.Fact Sheet. American Farmland Trust FarmlandInformation Center. August. 4 p.Anon. 2002c. Agricultural ConservationEasements Fact Sheet. American Farmland Trust.Washington, DC. 2 p.Anon. 1998. Purchase of AgriculturalConservation Easements. Fact Sheet. American //CONSERVATION EASEMENTS PAGE 11
    • By Preston SullivanNCAT Agriculture SpecialistEdited by Paul Williams and David ZodrowFormatted by Ashley RieskeAugust 2003 The electronic version of Conservation Easements is located at: HTML http://www.attra.ncat.org/attra-pub/coneasements.html PDF http://www.attra.ncat.org/attra-pub/PDF/coneasements.pdfPAGE 12 //CONSERVATION EASEMENTS