Conservation Easements

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Thinking about conserving your land?
Now's the time.

Urban sprawl overtakes two acres of productive agricultural land every minute.

A conservation easement (sometimes also referred to as a conservation restriction) is a legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. It allows you to continue to own and use your land and to sell it or pass it on to heirs.

When you donate a conservation easement to a land trust, you give up some of the rights associated with the land. For example, you might give up the right to build additional structures, while retaining the right to grow crops. Future owners also will be bound by the easement's terms. The land trust is responsible for making sure the easement's terms are followed on a long-term basis.

Qualified farmers or ranchers may set up a voluntary easement  that conserves your land for active production - as you continue to own and work it...or even if you sell it or pass it on to heirs.  Farmers and ranchers earn their tax deductions by selling or donating their easements to a local land trust, while retaining ownership of the land and the right to continue to operate it as a farm or ranch.  Landowners still own the land but development is restricted.

The incentive, which applies to a landowner’s federal income tax, will:

bulletRaise the deduction a donor can take for donating a voluntary conservation agreement from 30% of their income in any year to 50%;
bulletAllow farmers and ranchers to deduct up to 100% of their income; and
bulletIncrease the number of years over which a donor can take deductions from 6 to 16 years.

The Land Trust of Huntsville & North Alabama is a nonprofit organization that, as part of its mission, actively works to conserve land by undertaking or assisting in land or Conservation Easement acquisition, or by its stewardship of such land or easements.

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A voluntary Conservation Easement often helps reduce both your income and estate taxes. 

Example:
A landowner earning $50,000 per year who donates a $1 million conservation easement could deduct:

Prior to 2007...$15,000 x 6 years = $90,000 (30% for all landowners)

In 2008...$25,000 x 16 years = $400,000 (for a regular landowner) or $50,000 x 16 years = $800,000 (100% for a farmer or rancher)*

*Note: to qualify for a Conservation Easement, you must show that your land preserves open space, such as farm or ranch land; protects wildlife; or fulfills some other conservation purpose.

Help protect clean air, clean water, and our local food supplies by conserving your land with a Conservation Easement.


 

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