Conservation Easements: How They Protect Land
By Dave Kershner
Between 1998 and 2003, the nation’s local and regional land conservation trusts
worked with landowners to protect 3.6 million acres with “conservation
easements.” Conservation easements are voluntary legal agreements between a landowner
and a conservation organization like the Heritage Trust. Simply put, these agreements
allow a landowner to permanently protect land from future uses that could otherwise damage
the natural or cultural features of the property.
A conservation easement is tailored to the particular property and to the personal and
financial needs of the landowner. For example, say you own 10 acres with a house at the
south end of your property. The south half of your land is pasture and the north half is
forested. Although the County would allow you to build two more houses, you only want to
retain the right to build one. At the same time, you want to limit the amount of forest
that can be cut. A conservation easement is one way to accomplish your goals, allowing you
to specify what restrictions you want placed on future use of the property. In accepting
your easement, the Heritage Trust assumes the legal obligation to forever carry out your
vision for the land by making sure the terms of the easement are honored.
Like most road or utility easements, a conservation easement runs with the title to the
land. Yet, unlike many road or utility easements, a conservation easement may have no
impact on the landowner’s use or enjoyment of the property. No right of public access
is required and the landowner is free to sell the land or pass it on to heirs.
A conservation easement can also entitle the landowner to significant tax benefits. If the
easement is donated (which most are), it may qualify the donor for a substantial income
tax deduction. In addition, an easement can reduce estate and/or property taxes.
As an added benefit, conservation easements have value to the community. Protecting
Lummi’s natural and cultural features helps maintain the island’s rural
character and small community atmosphere. When several adjacent landowners donate
conservation easements, it can also protect privacy and create peace of mind about the
future.
To learn more about conservation easements, contact the Heritage Trust at 758-7997.
Conservation Easements
