1. HR A 1 © Copyright 2004 The Trust for Public Land

2. HR A 2 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.

3. HR A 3 © Copyright 2004 The Trust for Public Land How are Resources Conserved? –Laws and Regulations –Easements –Purchase/Transfer of Development Rights –Acquisition –Private Stewardship –Individual Responsibility, Choice and Action

4. HR A 4 © Copyright 2004 The Trust for Public Land 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

5. HR A 5 © Copyright 2004 The Trust for Public Land 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

6. HR A 6 © Copyright 2004 The Trust for Public Land 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

7. HR A 7 © Copyright 2004 The Trust for Public Land 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)

8. HR A 8 © Copyright 2004 The Trust for Public Land 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

9. HR A 9 © Copyright 2004 The Trust for Public Land How do Conservation Easements Work? Valuation Negotiation Drafting Baseline Documentation Management and Monitoring Enforcement Assignment

10. HR A 10 © Copyright 2004 The Trust for Public Land 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

11. HR A 11 © Copyright 2004 The Trust for Public Land 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

12. HR A 12 © Copyright 2004 The Trust for Public Land Acquisition Programs and Funding for the Watershed Area Federal State Local

13. HR A 13 © Copyright 2004 The Trust for Public Land Private Funding Sources Corporate Foundations Family Foundations Individual Contributions NGO Partners

14. HR A 14 © Copyright 2004 The Trust for Public Land 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

15. HR A 15 © Copyright 2004 The Trust for Public Land 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

16. HR A 16 © Copyright 2004 The Trust for Public Land