Easement Donation
























What is a conservation easement?

A conservation easement is a legal document in which a landowner agrees to permanently refrain from certain uses of his or her property in order to preserve the environmental integrity of the land.

A conservation easement typically reduces the number of future residential, commercial, and industrial structures allowed on the property as well as other activities that destroy the environmental integrity of the land.

Conservation easements are perpetual documents. Even when a landowner gifts their land to children or sells their land, the new landowner must abide by the easement agreement.

Requirements
GVC evaluates each potential donation on its own merits based upon guidelines that determine the conservation values of the property.

First, the project must further GVC's mission "to protect the habitat, open space, and farmland of the Genesee Valley region."

Secondly, a significant public benefit must result. According to IRS code 170(h) a protected property must be for one or more of the following purposes (GVC will work with landowners to determine which purposes apply to their land):

1. the property will be used for outdoor recreation or education by the general public;

2. the property is of a relatively natural habitat of fish, wildlife, plant, or similar ecosystem;

3. the property consists of open space (including farmland and forest) where such preservation is for the scenic enjoyment of the general public, or the protection of the property is clearly delineated by a Federal, State or local government's conservation policy and will yield public benefit.

4. the property is of historical importance

Benefits
GVC's policy is to work with each landowner so that his or her financial goals can be met while at the same time the natural assets of the land are preserved.

Most donors of conservation easements are eligible for a charitable deduction on their federal income tax. Additionally, the value of the property may be reduced, lowering the estate tax.

You retain the right to live, farm, and sell the property encumbered by the easement while ensuring that the property will forever remain as open space for the enjoyment of future generations.

GVC will work each landowner individually to develop a conservation plan specific to their property and goals.

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