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About Conservation Easements

Our most powerful tool for preserving working ranches, wildlife habitat, recreational and scenic areas is a voluntary land preservation agreement, called a conservation easement, between a landowner and a qualified conservation organization (such as AVLT).

Conservation easements have been used for over 20 years to help private landowners conserve land and prevent unwanted development. They offer a unique approach to conservation that benefits the public at less cost that outright purchase of land.  

In contrast with certain other strategies, easements preserve important "conservation values"  while respecting private property rights and allowing landowers to maintain control of their land. Very often, easements coexist peacefully with family ranching operations and other compatible land uses.

The IRS and Colorado Deptartment of Revenue offer tax incentives to qualified easement donors in exchange for preserving land that provides a signficant public benefit - be it through preservation of of an important natural resource, recreation area, or scenic or working landscape. In order to qualify, a conservation easement must run with the land perpetually, and must serve a qualified "conservation purpose" recognized by the IRS (see definition to right).  Land trusts are responsible for ensuring that easements serve a conservation purpose, and are upheld over time. For this reason, land trusts must annually monitor conserved lands.

Conservation easements can offer options to landowners who do not wish to sell or see their land developed, or who want to keep it in the family. Generous estate and income tax benefits may be available to donors of qualified conservation easements, and in Colorado, a transferable state tax credit program makes it possible for landowners to realize cash from their donation without selling their land. 

And while a conservation easement is permanent, land under easement may still be mortgaged, sold, or passed on to one's heirs with its protection assured.little_leaf

Blue-mnts-hay

 


Strang Ranch, Carbondale, Colorado

"I strongly support efforts of AVLT to provide ranchers with tools to continue living a rural lifestyle without being forced to sell out to development."--Mike Strang, 
conservation easement donor and valley rancher for over 40 years

Conservation easements...

  • permanently preserve open land
  • allow land to stay under private ownership and control
  • may allow continued agricultural and other historic land uses
  • may minimize inheritance taxes
  • may provide federal and state income tax benefits

Conservation agreements do not...

  • necessarily require public access
  • change ownership or control
  • prevent use or future sale of land
  • necessarily prevent all development

What is a "qualified" conservation easement?
The donation of a conservation easement may be considered a qualified charitable conservation contribution eligible for state and federal tax benefits if it is properly structured and serves one or more of the following IRS-recognized "conservation purposes":

  • preserves relatively natural habitat for wildlife, fish and plants;
  • preserves open space (including farmland and forest land) for scenic enjoyment of the public, or pursuant to a clearly delineated governmental policy;
  • preserves land for recreation or education of the general public;
  • preserves historically important land or certified historic structures.

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Steps in Donating an Easement

AVLT's conservation easement audit update letter (January 15, 2008)

Landowner Information Packet , frequently asked questions, and other information and resources for donating a conservation easement


 

Online DonationAccreditation, Land Trust Links, Technical Assistance Program
Board & Staff, AVLT Newsletters, Potential Conservation Area Reports

Aspen Valley Land Trust  . 320 Main Street, Suite 204 . Carbondale, CO 81623
970.963.8440   fax: 970.963.8441  
email us