Your Land, Your Legacy: How Conservation Easements Protect Your Property

The Land Alliance is one of 465 land trusts accredited by the Land Trust Alliance. We are proud of our accreditation, which fosters public confidence in land conservation and helps ensure the long-term protection of land. The Land Alliance was founded by community members who cared deeply about protecting our natural habitats and environmental resources and wanted to provide a way for others to do the same.

Land trusts have conserved 61 million acres of private land across the nation — more than all of the national parks combined! Privately-owned land makes up 60% of the United States land mass, but only 3% of it is protected for conservation. Astonishingly, 1.5 million acres on average are converted annually from natural or agricultural use to urban and suburban development.

Private conservation leverages the increasing interest of the private sector to take part in conservation and allows property owners to control the destiny of their land. Landowners who wish to protect their land so that its special scenic, historic and natural features remain intact have various tools at their disposal. They include conservation easements, gifts of land, and bargain sales. Although gifts of conservation-worthy land are wonderful ways to create a conservation legacy, not all landowners are in a position to donate their land.

For those who would like to permanently conserve their land and maintain ownership, the most widely used method is through a conservation easement. A conservation easement is a voluntary agreement between a landowner and a land conservation organization, such 22 as the North Shore Land Alliance (Land Alliance), that is permanently binding on the land, no matter who owns it. The landowner retains all rights to own, sell, and use the land according to the provisions of the easement.

The Internal Revenue Service (IRS) has set up the following qualifying criteria for a conservation easement.

• The preservation of land areas for outdoor recreation by, or the education of, the general public.

• The protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem.

• The preservation of open space (including farmland and forest land) where such preservation is – (I) for the scenic enjoyment of the general public; or (II) pursuant to a clearly delineated Federal, State, or local governmental conservation policy, and will yield a public benefit.

• The preservation of an historically important land area or a certified historic structure.

Preserving your land is a personal choice. Landowners who choose this path feel a deep sense of connection to their property and are inspired to leave a lasting positive impact on their community for generations.

There may be potential tax deductions for donating your land. For more information, or to better understand if this may apply to you, please call the Land Alliance at 516-922-1028. We will be happy to help you.