Consider Donating A Conservation Easement
A conservation easement is a useful tool for landowners who wish to protect their land from future development, while retaining ownership of the property. The landowner may also receive several economic benefits from donating a conservation easement.
Easements offer permanent protection from development, and can be written to conform to the specific desires of the landowner. For example, an easement on a forested piece of land might prohibit future construction or subdivision, while retaining the owner's rights to hunting, timber harvesting, and recreation. The conservation easement is generally donated to a land trust or other non-profit agency, which will ensure that the conditions of the easement are met in the future. By retaining title to the property, the landowner maintains the right to sell the property or pass it on to heirs. The conservation easement continues to apply to all future owners of the property.
The economic benefits include potential reductions in local property taxes, a reduced income tax in the year of the donation (if the value of the conservation easement exceeds $35,000), and, under certain conditions, substantial reductions in the federal estate taxes.
Individuals interested in donating a conservation easement should consult their own legal and tax advisors. Orono Land Trust has hard copy materials available which contain more specific information regarding the donation of conservation easements, and examples of the language employed in writing easements. If you would like some, please contact us.