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Your family’s land and home carry more than just bricks and mortar — they’re a testament to your history, your hard work, and your values. But rising costs and looming estate taxes pose a threat to the very places that have been a foundation for generations. For families deeply connected to their lands, the thought of losing them due to financial constraints is heart-wrenching. Fortunately, there’s a beacon of hope in the form of conservation easements.

What is a Conservation Easement?

A conservation easement is a legal agreement between a landowner and a land trust or government agency. In essence, it’s a voluntary restriction on the use of the land to protect its conservation values. This might include restrictions on certain types of development, farming practices, or other activities that could harm the land.

How Conservation Easements Work

Once a conservation easement is in place, the land remains private property. The owner still retains ownership and can continue to use the land, but they’ve committed to preserving its unique character. In some cases, it might limit the number or type of structures that can be built or restrict certain activities to minimize environmental impact.

Benefits of Conservation Easements in Estate Planning

  • Preserving Family Heritage: Conservation easements ensure that the land remains a living legacy for future generations, maintaining its unique character and connection to your family history.
  • Tax Advantages: There can be significant tax benefits, including income tax deductions and potential reductions in estate taxes. You can deduct 50% of your income for the next 16 years until the easement’s appraised value is reached. So, if you earn $60,000 annually, you can claim a $30,000 deduction each year, totaling $480,000 over 16 years. However, this deduction is capped at the easement’s appraised value. These incentives make it more financially feasible for families to keep their cherished lands, without having to sell off portions of it.
  • Community Impact: Conservation easements contribute to the greater good by protecting natural resources, open spaces, and habitats. Your decision has a positive impact on the community and the environment.

Qualifications for Conservation Easements

Not all lands qualify for conservation easements. Usually, there needs to be a significant conservation value, such as scenic views, wildlife habitat, or agricultural significance. Additionally, the landowner must be willing to commit to restricting certain uses to maintain these values.

You might qualify for a conservation easement if your situation falls into one of these four categories from the IRS Code, Section 1.170A-14(d):

  • Protecting a natural habitat for fish, plants, or wildlife.
  • Preserving agricultural lands or forests with open spaces.
  • Providing public access to part of the land.
  • Safeguarding the property as outlined in a government policy on local open-space plans.

Steps for Securing a Conservation Easement

Find the Right Partner:
  • Start by identifying a local land trust or a government agency experienced in managing conservation easements.
  • This could be a community land trust run by a group of dedicated trustees or state and government bodies like wildlife departments, forestry and fire protection agencies, the National Park Service, or even Native American tribes.
Negotiate the Terms:
  • Once you’ve identified a potential partner, the next step is negotiation. This involves sitting down with the chosen organization and deciding the rules.
  • Topics to cover include whether the public will have access to your land, what kind and how much development will be allowed, and the specific use of the property.
Determine the Value:
  • After hashing out the details, the landowner sells the easement to the chosen organization at its appraised value.
  • Alternatively, you have the option to be a conservation hero and donate part or all of the easement.
Incorporating the Easement:
  • Once everything is agreed upon, the easement becomes a permanent part of your property’s deed, like an additional layer of protection.
Ownership and Monitoring:
  • As the landowner, you continue to bear all the regular costs of property ownership and maintenance.
  • The organization or agency owning the easement periodically checks in to make sure your land aligns with the agreed terms. They won’t take control; you retain control over your property.

Conservation Easements: Things You Should Know

  • Customizing a Conservation Easement

Tailoring a conservation easement to suit your needs is possible, aligning with your property plans. The aim is mutual benefit for the owner, land trust, and government agency involved.

  • Public Access Is Optional

While some landowners include public access, it is rarely done. Public access is not mandatory with a conservation easement, ensuring your land remains private.

  • Government Doesn’t Automatically Access

A conservation easement doesn’t grant direct government access. Typically held by non-profit land trusts, government entities may be involved in rare cases during audits.

  • Agricultural Production Isn’t Sacrificed

Profitable agricultural lands can still get conservation easements. You can integrate productivity goals into the easement, allowing many farming activities. Future development is restricted, but farming remains viable. Farmers can qualify for tax deductions by stating the land is “available for agriculture.”

  • Financial Benefits of Conservation Easements

Even without significant income, high conservation value lands can pay for conservation easements. Land trusts might purchase development rights, offering cash for the land, and benefiting the public by preventing development.

  • Accurate Conservation Easements are Vital

For state and federal tax benefits, accurate documentation is crucial. Filing IRS Form 8283 with an appraisal for deductions exceeding $500,000 is required. Avoid overstatement while paying for the property appraisal.

Should a Conservation Easement be Part of Your Estate Plan?

Whether a conservation easement is right for your estate plan depends on your family’s values, the significance of your land, and your long-term goals. It’s a commitment, but one that can pay off in preserving not just land but a way of life.

Conservation Easements: A Lasting Legacy

In a world where change is constant, preserving the essence of your family’s heritage becomes paramount. Conservation easements offer a pathway to secure the lands and homes that have shaped your family’s story. By considering this option in your end-of-life planning, you’re not just protecting property — you’re safeguarding a cherished legacy for generations yet to come.

Whether you’re passionate about preserving nature or aiming to reduce your estate size for financial reasons, a conservation easement offers a win-win. You maintain control over your land throughout your life, ensuring it passes to future generations. Your cherished property becomes a lasting legacy, preserving its integrity.

If you sell or donate a conservation easement to a land trust or government agency, it’s crucial to update your estate plan. Reflect this change on your property deed and update instructions for inheritance. At Hermance Law, we simplify preparing and updating your estate planning documents, ensuring your legacy vision is fulfilled.

Whatever you decide for your estate plan in California, Hermance Law is here to guide you. 

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