Brothers as Keepers: Menicucci Eases the Road to Conservation Easement
Many decades ago, Warren Murphy – native Texan and World War II veteran – was searching for a spot to live independently and quietly. He found it in 5,000 acres of beautiful Hill Country land in Bandera County. But eventually, Texas Parks and Wildlife seized almost 3,000 acres of Murphy’s land through eminent domain to turn it into Lost Maples State Natural Area. Then, his remaining 1,700 acres got bisected by the construction of Highway 83 in order to provide better access to the park. All Murphy had wanted was to live on his own terms, and he ended up having to bend to terms dictated by the state.
Nevertheless, Murphy loved opening his home to and sharing his land with his four grandnephews.
“We’d visit him, go camping, fish in the creeks and stock tanks – we grew up out in the country,” remembers Cary Patterson. “Everyone in our family had pieces of land, and they got us boys involved in working it – helping them brand cattle or fix fences. They were all exceptional stewards of the land, and they always preached that to us.”
So when the Patterson brothers – Cary, Chip, Matthew, and Jonathan – inherited their great-uncle Warren’s land upon their mother’s 2020 passing (Murphy had bequeathed the acreage to her initially), they knew they wanted to try to preserve it somehow. But they weren’t entirely sure how.
“We thought it’d be neat if the property we had remained forever undeveloped,” says Patterson. “We had talked about the possibility of a conservation easement for years, and we finally decided to call someone who knew more about it.”
“People often call requesting a legal tool or something they’ve heard about or researched online,” notes Margaret Menicucci, Attorney and Counselor at Braun & Gresham. “Frequently, it turns out to be not quite the right fit for what they’re trying to achieve, so I always begin by asking what their goals are for their land. Then we can determine what the best tool is to get it done.”
In the case of the Murphy ranch, a conservation easement did turn out to be the right tool. A conservation easement is a voluntary, legally binding agreement between a landowner and a nonprofit organization or government agency that limits development on a property to protect its natural, productive, or cultural features. The landowner retains ownership of the land, but restricts its use to preserve its conservation value – such as open space, wildlife habitat, or historic sites.
“The Pattersons opted for a conservation easement for about 800 acres of their land to begin with,” Menicucci confirms. “This piece of the property will continue to serve as open-range land and a natural area in perpetuity; it can’t be carved into smaller tracts, and it can’t be developed. It will always be protected, for their children and their grandchildren.”
Mission accomplished, right? But securing property in a conservation easement is a complex process.
“When you do a conservation easement, you have to sell or donate the interest in land to another entity,” explains Menicucci. “The Patterson brothers wanted to be paid for their conservation easement. So one of the first decisions they had to make was choosing a partner in the transaction that could help them get funding.”
The Patterson’s chose to work with The Nature Conservancy, a global environmental nonprofit and land trust. It applied for a grant from the Natural Resource Conservation Service (“NRCS”) to pay for the easement and got enough funding for 75% of the value.
Since the NRCS grant funding covered only three-quarters of the conservation easement’s value, the brothers donated the other 25% – and received a charitable tax deduction in return. This sort of purchase-donation mix is called a “bargain sale.”
“What the Pattersons were paid for wasn’t the land itself; it was the right to divide or develop the property,” continues Menicucci. “They still own the land, and they can still use it. They can camp on it, hunt on it, explore and enjoy the property.”
“We can even sell it, or future generations could sell it,” Patterson adds, “but future owners will forever be legally bound to abide by the terms of the conservation easement. And, at Margaret’s advice, we built residential building envelopes totaling 15 acres into the easement, so if we or our kids or grandkids want to build up to four homes there to live in, we can – and she made sure we can access the infrastructure for that – like roads and electricity – as well.”
During the process, Menicucci requested a visit to the Murphy ranch.
“We took her on a tour of the property and showed her why we want to preserve it,” recalls Patterson. “Margaret visiting the property with us, well, we were all impressed, and I think she got a lot from it, too. We’re pretty passionate about leaving the land the way it is, and she definitely got that.”
Additionally, the brothers appreciated Menicucci’s listening skills, responsive accessibility, and supportive approach.
“She always made us feel like this was our idea, and she was there to facilitate and assist us,” Patterson affirms. “She never pressured us one way or another; she just presented options and answered questions. And it always felt like she had our interests at heart – in fact, working with the team at Braun & Gresham made us feel like we were their only client, and whatever we needed, they were there for us. We’ve worked with other lawyers, and it didn’t feel that way.”
Menicucci says working regularly with multiple decisionmakers means she excels at helping families talk through their goals and expectations together. And while she wants to help people like the Patterson brothers preserve their land the way they want to, she also wants to ensure she serves as a strong steward of their financial resources.
“Our conservation-easement team really helps clients like the Pattersons evaluate the economics,” asserts Menicucci. “We literally use spreadsheets to help them assess how much money they might receive, what their tax liability may be, and the benefits of deductions, so they can make the best decision possible for their situation. I’m not sure all attorneys drill down to that level.”
“The Murphy ranch is a really special property,” she concludes. “I’m amazed by the history of the land and the development of Lost Maples – it’s a beautiful park, but it was created not necessarily with the consent of the Pattersons’ great-uncle. I believe it’s the brothers honoring him by conserving the property voluntarily and on their own terms now that makes this story such a success.”
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