Randolph, Ch. 15

Conservator Acreage (millions) Federal Gov't40265% State Gov't8514% Local/Regional Gov't % Land Trusts234% Private Land Conservation366%

 Public Federal, State, Regional and Local Agencies  Private Land Trusts Private Ownership

 Feds Public Lands Funding for Acquisition  Federal lands  Matching grants for state & local government Incentives and Regulation Land Retirement  Conservation Reserve Program (rent $ for “retirement)  Sod- and Swampbuster (disqualification from $$)

 State and Local Land Acquisition Farmland Protection Green Infrastructure Programs Land Conservation

 Land Trusts Non-profit Purchases land Negotiates Easements Monitors  Examples NCNR TNC

 Fee-Simple  Easement  Development Rights  Purchase with Leaseback  Lease  Undivided Interest

 Sale  Bargain Sale  Donation  Bequest  Exchange  Eminent Domain  Tax Foreclosure

 An easement allows the exercise of rights on another’s property Property illustrated as a bundle of sticks Executed as a deed The deed describes the parameters  Parties  Restrictions  Gained rights

 Most conservation easements are voluntary But… in certain circumstances it depends on who you ask  May be gladly entered into  Donations  Tax benefits  Some may feel coerced  Thrown in as an incentive for a permit approval

 The Parties Grantor  Property owner  Grants easement to another party  Gives up certain property Grantee  A qualified conservation organization  A Public Agency  Gains rights to enforce and monitor easement

 Preserves status of land  In most cases, leaves land in private ownership (and continued partial use)  Can be as flexible as need be Whole or part of parcel / lot Restrictions can be negotiated among parties Can be sold or donated

 State Conservation Tax Credits A response to perceived federal ineffectiveness Not all states allow such credits Provides greater flexibility to owners regarding tax benefits (relative to federal benefits)

 SCTCs based on three types of valuation Calculation of tax credit value Caps on maximum values Number of years one may rollover the credit

 Calculation of credit value Based on the decrease in market value  In NC: 25% of fair market value of donated property interest Based on negotiation costs Property tax value  Local tax written off of state tax liability

 Caps on maximum value No limit (South Carolina) High Limits  North Carolina ($500,000 for individuals and corporations)  Colorado ($375,000) Low Limits  Maryland ($80,000)

 Carry-forward periods Allows beneficiary of credit to use credit over a period of years 5 years is most typical $50,000 benefit -- $10,000 annual tax liability  Can get rid of state tax liability over a five year period

 Income Tax Charitable Contribution Deductions Based on the reduction in the land’s value after easement Up to 50% of adjusted gross income Up to 100% for farmers & ranchers 16 year carry-forward period

 Sample preservation agreement between a property owner and the Saginaw Basin Land Conservancypreservation agreement

 An accounting method for open space and environmental resources And  Specific Technology to reduce environmental impact of development

 Hubs  Links

 Center for Neighborhood Technology Center for Neighborhood Technology

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