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Conservation Easements
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of Potrero San Jacinto Wildlife Area |
Interim and Ancillary Uses
Conservation Easements
By James DeNapoli
Conservation easements have become a valuable tool for allowing private landowners
to fulfill specific conservation goals for their properties and unlock the value
of their land while retaining their ownership and specific future use rights.
Private landowners who grant such easements may continue to reside on the property
or use it for specific purposes depending on the terms of the easement. Although
consideration may be paid to the landowner for creation of a conservation easement,
easement rights may also be donated. As additional consideration for granting
such an easement, a landowner may also receive beneficial tax treatment through
the establishment of the easement.
To be eligible for favorable tax treatment, certain conditions must attach to
the easement, including conveying the easement exclusively for conservation
purposes and ensuring that the easement is perpetual in nature and binding on
all future owners of the property.
Conservation easements create legally enforceable rights in other parties against
the landowner by establishing certain use restrictions, such as prohibitions
on development, off-road vehicles, mineral extraction, grazing, timber cutting
and even public access. In fact, public access is not a prerequisite to the
establishment of a conservation easement, and the parties to the easement may
agree to prohibit or limit such access in certain cases, such as for the protection
of sensitive habitat.
Read more.