Primary Tool Used by Land Trusts.
The primary method by which a land trust provides long term stewardship of private
lands is through a conservation easement.
A conservation easement is a legal agreement between a landowner and a land trust (or government agency) that permanently limits certain 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. 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.
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 for sustainable timber harvest.
Conservation easements offer great flexibility. An easement on property containing rare wildlife habitat might prohibit any development, for example, while one on an old Alaskan homestead might allow continued farming or gardening and building additional support buildings. An easement may apply to just a portion of the property, and need not require public access.
A landowner sometimes sells a conservation easement, but usually easements are donated. If the donation benefits the public by permanently protecting important conservation resources and meets other federal tax code requirements, it can qualify as a tax-deductible charitable donation. The amount of the donation is the difference between the land's value with the easement and its value without the easement. Placing an easement on your property may or may not result in property tax savings.
Perhaps most important, a conservation easement can be essential for passing land on to the next generation. By removing the land's development potential, the easement lowers its market value, which in turn lowers estate tax. Whether the easement is donated during life or by will, it can make a critical difference in the heirs' ability to keep the land intact.