Transcript Document

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© Copyright 2004 The Trust for Public Land
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The Goals of Conservation
– Protect natural, , scenic, historical, cultural, archaeological
and recreational resources
– Repair fragmented landscapes and marine environments
– Conserve working landscapes
– Connect where people live to where they recreate;
– Increase and sustain a community’s environmental, social,
health and economic capital;
– Achieve balance between the built and natural
environments.
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How are Resources Conserved?
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Laws and Regulations
Easements
Purchase/Transfer of Development Rights
Acquisition
Private Stewardship
Individual Responsibility, Choice and Action
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© Copyright 2004 The Trust for Public Land
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Who Would Want to Conserve Their Land?
• Landowners wishing to:
– Sell their land
– Protect their property from
inappropriate development
– Realize some equity from their
land now
– Realize a potential tax benefit
– Preserve family lands while
maintaining their agricultural,
forested, ranch or historic use
of property
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What is a Conservation Easement?
• Easement conveyed to a
qualified conservation
recipient, such as a:
– Public agency
– Land conservation
non-profit
– Land trust
– Historic preservation
organization
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What is a Conservation Easement?
• Tailored to specific
resources they protect
– Agricultural operations
– Ranch operations
– Scenic vista(s)
– Historic building and
setting
– Natural resources
– Endangered species
habitat
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Who/What Can Serve as a Conservation
Easement Grantee?
• Because Conservation
Easements offer tax benefits,
a Grantor is best served to
grant to:
– A public agency, or
– Conservation or historic
preservation organization
that qualifies as a public
charity under IRS Code
Section 501(c)(3)
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Benefits of Conservation Easements
• Federal Income Tax
– Donation is a tax-deductible, charitable
gift provided the easement is a “qualified
conservation contribution” (IRS 170(h))
• Federal Estate Tax
– A conservation easement on property
either prior to death or through a
charitable gift at death can reduce heirs’
tax burden
• Local Property Tax
– Easements can reduce development
potential, reducing value of property,
reducing tax assessment
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How do Conservation Easements Work?
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Valuation
Negotiation
Drafting
Baseline Documentation
Management and Monitoring
Enforcement
Assignment
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Purchase/Transfer of Development Rights
• Cash payment to a landowner for the value of the development
rights
• Development rights are either extinguished or held by a
qualified entity for transfer
• Landowner retains full ownership and use of property for
purposes other than real estate development
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Calculating the Value of a Development Right
• Subtract the estimated sale price of a property with a
conservation easement in place from the current market value
of the property with its development rights intact
• Value of property is typically reduced by 40-75%
– Property taxes are reduced
– Inheritance taxes are reduced
– Landowner has funding to invest in property
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Acquisition Programs and Funding for the
Watershed Area
• Federal
• State
• Local
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Private Funding Sources
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Corporate Foundations
Family Foundations
Individual Contributions
NGO Partners
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Incentives for Private Landowners
• Private Stewardship Grants
– For landowners who protect and restore imperiled species &
habitats
• Non-Tribal Landowner Incentive Program
– Provides technical and financial assistance to private
landowners for habitat protection & restoration
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Honoring Private Property Rights
• No Down-Zoning Based
Upon Findings of Plan
• Willing Seller Programs
• Fair Market Value (FMV)
Appraisals Based on Highest
and Best Use
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