Transcript Document
1 © Copyright 2004 The Trust for Public Land H R A 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. 2 © Copyright 2004 The Trust for Public Land H R A How are Resources Conserved? – – – – – – Laws and Regulations Easements Purchase/Transfer of Development Rights Acquisition Private Stewardship Individual Responsibility, Choice and Action 3 © Copyright 2004 The Trust for Public Land H R A 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 4 © Copyright 2004 The Trust for Public Land H R A 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 5 © Copyright 2004 The Trust for Public Land H R A 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 6 © Copyright 2004 The Trust for Public Land H R A 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) 7 © Copyright 2004 The Trust for Public Land H R A 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 8 © Copyright 2004 The Trust for Public Land H R A How do Conservation Easements Work? • • • • • • • Valuation Negotiation Drafting Baseline Documentation Management and Monitoring Enforcement Assignment 9 © Copyright 2004 The Trust for Public Land H R A 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 10 © Copyright 2004 The Trust for Public Land H R A 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 11 © Copyright 2004 The Trust for Public Land H R A Acquisition Programs and Funding for the Watershed Area • Federal • State • Local 12 © Copyright 2004 The Trust for Public Land H R A Private Funding Sources • • • • Corporate Foundations Family Foundations Individual Contributions NGO Partners 13 © Copyright 2004 The Trust for Public Land H R A 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 14 © Copyright 2004 The Trust for Public Land H R A 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 15 © Copyright 2004 The Trust for Public Land H R A 16 © Copyright 2004 The Trust for Public Land H R A