Land Protection
About Conservation Easements
- What is a conservation easement?
- Why grant a conservation easement?
- How long does an easement last?
- What costs are involved for the landowner?
- What are ClearWater's responsibilities to the easement?
- How do I grant an easement?
What is a conservation easement?
A conservation easement is a legal agreement between a landowner and a qualified organization or agency that protects the natural, cultural, and/or historic resources of a property. Essentially, the landowner donates or sells some of the property rights that all property owners have, such as the right to subdivide or the right to build structures.
When a landowner grants a conservation easement to an organization such as ClearWater Conservancy, the landowner retains ownership of the property while agreeing to limit certain activities that may be harmful to the resources of the property. The landowner and ClearWater Conservancy work together to determine which restricted and permitted land uses best accommodate the needs of both parties. This leaves the landowner free to use their property just as they did before the easement agreement, so long as it is consistent with the conditions of the easement. ClearWater Conservancy then takes on the responsibility of ensuring the land’s protection in perpetuity.
Why grant a conservation easement?
Easements provide permanent protection. Conservation easements protect the property’s resources indefinitely, regardless of future ownership changes
Property Remains in Private Ownership. A conservation easement allows the property owner to retain his or her ownership rights, while ClearWater Conservancy ensures the protection of the property. The owner can still use the land and the land can still be sold. But if the land is sold, the terms of the easement agreement remain in effect.
Flexibility. Every easement agreement is different. Easements are flexible and can be tailored to the needs and interests of the landowner.
Tax benefits. Donating a conservation easement in perpetuity to a qualified organization, such as the ClearWater Conservancy, may lead to income, property, and estate tax benefits. The amount of the charitable contribution is determined by the difference in the value of the property before the easement and after the easement.
How long does the easement last?
To receive tax benefits, the easement must be granted in perpetuity. Any future owner of the property is also bound by the conditions of the easement. Conservation easements remain with the property, regardless of future ownership changes.
What costs are involved for the landowner?
Costs that the landowner may incur include: legal and accounting assistance, survey costs, recording fees, and appraisal fees. Reasonable costs associated with easement donation may be tax-deductible. The ClearWater Conservancy asks that the landowner consider donating to an endowment to cover the costs of stewardship responsibilities, such as routine monitoring, preventive measures, and compliance enforcement.
What are ClearWater's responsibilities to the easement?
The ClearWater Conservancy accepts the responsibility of ensuring the land’s protection in perpetuity. Our obligation to protect the land continues regardless of who purchases the land in the future. Annual monitoring ensures that the terms of the easement agreement are not violated. If necessary, the ClearWater Conservancy will enforce the easement agreement. The Conservancy also has administrative responsibilities to the easement, such as keeping records pertaining to the easement and maintaining correspondence files. In some cases, a management plan will be prepared and implemented as well.
How do I grant a conservation easement?
Contact Kathy Derge Gipe, Chair of the Land Conservation and Stewardship Committee for more information by her email address above.