A conservation easement is a voluntary agreement through which a landowner limits the type or amount of development on their property. The conservation easement is a binding agreement between the landowner and The Little Forks Conservancy. The agreement is recorded with the Register of Deeds in the county where the property is located.
Through a conservation easement, a landowner voluntarily limits uses of the property in order to protect certain conservation values of the property. These conservation values may be natural features such as rivers, streams, forests, floodplains, wildlife habitat, wetlands, or prime agricultural fields. Restrictions are created that are intended to protect these features of the land forever. Every easement is unique and written to address the circumstances of the landowner and the specific property.
The landowner retains full rights to control and manage their property within the limits of the easement. The landowner continues to bear all the costs and liabilities related to ownership and maintenance of the property. The Conservancy monitors the property once each year to ensure compliance with the easement's terms, but it has no other management responsibilities and exercises no control over other activities on the land.
If the landowner wishes to grant the public the right to use the property, they may do so. It is the property owner's responsibility to control access to their land.
To be eligible for a federal tax deduction the easement must be given in "perpetuity" - it must last forever. The Conservancy monitors the property, generally once a year, to ensure that the easement is not being violated. Each easement contains provisions giving the Conservancy the right to enforce the agreement.
Donating land to The Little Forks Conservancy can be one of the finest legacies a person can leave to future generations. The Little Forks Conservancy accepts lands with significant natural or cultural value to the community. The reasons landowners choose this option vary, but may include:
The donation of a parcel of land allows the landowner to deduct up to 100% of the fair market value of the land at the time of the gift.
For those properties of great significance the Conservancy may maintain the property as a nature preserve open to the public for uses that do not compromise the conservation value of the land. For other properties, the Conservancy will evaluate the level of protection that is needed and make appropriate decisions to further the mission of The Little Forks Conservancy.
If a landowner does not desire to donate property outright, it is possible to conduct a bargain sale of the property. The Little Forks Conservancy can purchase the property at below market value. The difference between the sale price and full market value of the property can be used as a tax deduction and to offset capital gains taxes triggered by the sale. This can also make the land more affordable to the Conservancy if it is required to purchase the land.
In special situations the protection of a property is important enough for the Conservancy to purchase property at its full market value. This may occur when a landowner will only give up control of the property through a sale. The Little Forks Conservancy is restricted from paying more than full market value for any property it wishes to obtain.
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