Landowner Options

The following is a list of options which property owners might consider for land conservation:

Gift of Conservation Restrictions

Landowner maintains ownership and use of the land. Conservation restrictions delineate specific prohibited and permitted uses of the property. Permitted uses usually include agriculture, forestry, recreation, other open space uses; prohibited uses typically include industrial, commercial, and residential development. Restrictions may cover all or part of the property. Income tax deductions are usually a part of this arrangement.

Gift in Fee Simple (Donations of Land)

The property is given to the Land Trust which may sell the property while retaining conservation restrictions or may retain ownership and lease the land with conservation restrictions to a private party, such as a farmer. The donor is entitled to an income tax deduction for the value of the property.

Donation of Undivided Interest

By donating an undivided percentage interest in the property to the Land Trust, the landowner creates a shared tenancy over a period of time. At some point the landowner and the Land Trust will separate their interests into ownership and conservation restrictions.

Gifts of a Remainder Interest

Some landowners donate land to the Land Trust, while retaining a life estate for themselves, their families, and sometimes their farm employees. This can result in a significant tax reduction.

Sale of Development Rights

The sale of development rights to the Land Trust is the equivalent to placing a conservation easement on the property which restricts the use of land to primarily agricultural and conservation use. The value or sale price of development rights is the difference between the land's fair market value for development and its value for agricultural and conservation purposes. The landowner retains title to the land, while the right to develop all or part of the land in the future has been removed.

Sale of Land

The Land Trust will occasionally purchase outright a piece of land that is very important to the local community or region and is being threatened with sale and development. The Land Trust then transfers the land (often to public agencies or private ownership) while retaining conservation restrictions or other agreements on the lands where conservation is most important.