Top 5 Most Frequently Asked Questions About Conservation Easements
While stewardship takes many forms, conservation easements are one of the least understood yet most powerful methods of conserving and stewarding land. Conservation easements are voluntary, legally binding agreements that restrict certain development-focused property rights in perpetuity. When a landowner grants a conservation easement, they ensure the land is protected in its natural state in perpetuity, while preserving robust rights to use the land for recreational, ranching, and agricultural purposes.
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What are the benefits of granting a conservation easement on my land?
A conservation easement protects your land in its natural state. Granting a conservation easement has significant economic benefits in the form of income and estate tax relief. In some situations, you can be paid for a portion or all of the value of the conservation easement.
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Does a conservation easement require public access to my land?
A conservation easement does not require public access. In rare situations, funding for a conservation easement may require limited public access. The landowner’s choice for that type of conservation easement is still voluntary and not forced.
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What rights do I keep related to using my land, when I have a conservation easement?
You can use your land in the same way you have always enjoyed it: hunting, fishing, wildlife management, farming and ranching in a manner that protects the land, gathering with friends and family, and building a limited number of additional homes and barns in agreed-upon locations. You also keep the right to sell your land or pass it to your heirs, subject to the terms of the conservation easement, which will restrict development and commercial uses.
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Can I be forced to grant a conservation easement?
No. A conservation easement is a voluntary agreement between you as the landowner and a non-profit organization like a land trust. You own and control your land and have voluntarily agreed to restrictions against development that will preserve the open-space and natural character of the land.
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Does a conservation easement prevent the condemnation of a part of my land for roads, utility lines, or pipelines?
When public funds are used in the conservation easement transaction, such as a local or federal grant, the governmental entity that provided the funds may need to be a part of the condemnation process. That added party could discourage condemnation. Otherwise, the conservation easement itself cannot prevent condemnation.
