1. This is a special place.
GVLT.ORG

2. The Why
GVLT.ORG

3. The Why
GVLT.ORG

4. The Why
GVLT.ORG

5. The Why
GVLT.ORG

6. The Why
GVLT.ORG

7. The Why
GVLT.ORG

8. The Why
GVLT.ORG

9. The Why
GVLT.ORG

10. The Why
GVLT.ORG

11. The What
GVLT.ORG

12. The How: Conservation GVLT.ORG Why protect private land?
Rivers and streams
Wildlife habitat
Open space
Agricultural heritage
Working lands
Local food
Scenic views-roads and trails
Cluster residential development
GVLT.ORG

13. The How: Conservation GVLT.ORG Conservation Easements: Voluntary
Perpetual
Legal Agreements
Run with title to the land
Customized
Limits development and subdivision
Owner retains title and management control
GVLT.ORG

14. The How: Conservation GVLT.ORG Conservation Easements ARE NOT:
Eminent domain
Wilderness
Mandated public access (landowner has right to allow)
Property tax cut
The perfect tool for everyone
GVLT.ORG

15. The How: Conservation GVLT.ORG Benefits to Public: Wildlife habitat
Clean rivers
Views
Local food
Scenic character of landscape
Open space
Contains sprawl
*Public access
GVLT.ORG

16. The How: Conservation GVLT.ORG Benefits to landowners:
Protect resources on land
Ensure stewardship of land, land trust’s job
Keep land in the family, protect vision
Legacy/ estate planning
Financial- Income tax deduction Cash payment (in some cases)
GVLT.ORG

17. The How: Conservation GVLT.ORG Easement Terms: Customized and unique
Limit number/ sizes of any future divisions
Limit number/ size of any future buildings
No limit to agricultural operations
Allows for timber harvest with management plan in place
Landowner retains day to day management and determining access
GVLT.ORG

18. The How: Conservation GVLT.ORG Easement Process
Initial discussions- property goals, is CE right tool, site visit, consult with tax and legal advisors
Cost agreement-outline costs, identify funding sources if needed, determine value of CE
Easement terms-discuss terms (customized), draft and review easement document, due diligence
Project closing- easement approval, annual monitoring, stewardship services
GVLT.ORG

19. The How: Conservation GVLT.ORG Financial Benefits:
Income tax deduction for value of the easement (50-100% of AGI for up to 16 years or until value of easement is reached)
Easement tax benefit, making it easier to pass land to their heirs
Cash payment, in some cases
GVLT.ORG

20. The How: Conservation GVLT.ORG Easement Valuation:
To qualify for tax deduction:
Full appraisal
By qualified appraised following USPAP, IRS requirements
Easement meets conditions of IRC 170(h)
To quality for cash compensation:
Limited funding available for agriculture, wetlands, public access
GVLT.ORG

21. The How: Conservation GVLT.ORG “Before Easement” Unencumbered
Easement Value
“Before Easement”
Unencumbered
Fair Market Value
“After Easement”
Encumbered
Fair Market Value
GVLT.ORG

22. The How: Conservation GVLT.ORG Theoretical, appraised value
Easement Value
Theoretical, appraised value
Market conditions determine actual resale value
“After Easement”
Encumbered
Fair Market Value
GVLT.ORG

23. The How: Conservation GVLT.ORG Considered a Charitable Gift
Easement Value
Considered a Charitable Gift
if certain conditions are met
Claim as deduction at up to 50% AGI for up to 16 years
(100% for farmers & ranchers)
If some portion compensated, remainder is deductible
“After Easement”
Encumbered
Fair Market Value
GVLT.ORG

24. The How: Conservation GVLT.ORG Stewardship on Conserved Lands:
Easement Value
Stewardship on Conserved Lands:
Monitor conservation values in perpetuity
Connect landowners to resource and policy information
Consultation on management issues
Cost share funding
“After Easement”
Encumbered
Fair Market Value
GVLT.ORG

25. The Where: Conservation
GVLT.ORG

26. The How: Conservation GVLT.ORG Realtors:
Map on GVLT website with easements
Easements publicly recorded, will show up on title search
Understand the easement, legal agreement and restrictions on number of residences, divisions
Call us, we can translate
GVLT.ORG

27. The When
GVLT.ORG

28. The Takeaway
Call us.
GVLT.ORG