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Land Conservation Options for Landowners

monarch butterlyAs a landowner, there are many options available to you, based on your conservation and financial goals. The following is a brief review of those options. If you have any questions regarding planning for your land, please contact the Land Conservation staff at (978) 768-7241 extension 18 or dts@ecga.org.

Outright Gift:
The simplest land conservation method, this involves the donation of land to a public or private conservation entity. Conserving land this way maximizes your tax deduction. You can also donate the land as a bequest in your will, which may reduce your estate taxes. It is important to work with the conservation entity as you draw up your estate plan to ensure that the donation achieves the protection you desire.

Conservation Restriction:
A conservation restriction (known in other states as a conservation easement) is a land preservation agreement made between a landowner and a qualified conservation organization, such as Greenbelt. This tool allows the landowner to give up certain agreed-upon rights to their property while retaining land ownership. Many of the relinquished rights limit future development of the property. However, the landowner retains a set of reserved rights, even including the right to develop some portion of the land, as long as the property's ecological, scenic and agricultural values are preserved.

Giving up development rights to your property lowers its fair market value, Conservation Restriction in Essex, Massachsuettsthus potentially reducing estate and potentially property taxes.

The land conservation organization that holds your conservation restriction is responsible for performing regular inspections of your property to ensure that all agreements made in the restriction are followed. Public access is not allowed without your permission, but in some cases, pubic access may be considered an important element of the conservation value, and Greenbelt may work with you to incorporate it into the conservation restriction.

Sale at Fair Market Value:
Occasionally, Greenbelt may purchase land or a conservation restriction with exceptional conservation values at its full fair market value. In these cases, it is almost always necessary to work with other nonprofits and public agencies to complete the project.

Bargain Sale:
A bargain sale is the sale of your property at a price that is below fair market value, which may make it possible for a conservation entity to purchase your property. The difference between the sale price and your property's fair market value is a charitable donation. This option may reduce the capital gains tax on the sale. and you may also be entitled to an income tax deduction as well. It is also possible to structure a bargain sale for a conservation restriction.

Reserved Life Estate:
In this option, you can donate or sell land to a conservation entity with the option to continue living on, farming or otherwise using the property until your death.

Limited Development:
This option allows the landowner to develop a portion of the property in a way that minimizes the impact on conservation resources. This technique can generate financial returns for the landowner while retaining conservation values on the land that is donated or protected through a conservation restriction.

 
82 Eastern Avenue Essex, MA 01929
ph: (978) 768 - 7241

fax: (978) 768-3286

email: ecga@ecga.org