What are conservation easements?

Conservation Easements are a tool that have the potential to provide a valuable tool for conserving land for the benefit of both present and future generations.

A conservation easement, sometimes known as dontated development rights, represents a formal and voluntary agreement between a landowner and an official land protection organization known as a Land Trust, such as the Land Trust Alliance, a government agency, or some combination of the two. The organizations primarily involved with conservation easements in the state of Minnesota are the Minnesota Land Trust (the only land trust working extensively to create conservation easements in Minnesota), a handful of other conservation organizations including the Nature Conservancy and Ducks Unlimited, and government agencies such as the USDA, DNR, townships, and counties.

In this agreement, the landowner consents to voluntary restrictions on their land in order to to preserve conservation values such as wildlife habitat, ecosystem functioning, open spaces, and working landscapes (Merenlander et. al, 1998). Restrictions may include a ban on real estate development, construction of roads, mining, subdivisions, or any activity that would prevent the conservation intended in the agreement. The nature of the agreement depends upon the land and landowners in question; some may ban development on the entirety of the property, some may allow for continued farming or logging in certain areas, while others may call for restoration of prairie or riparian areas included in the property. Essential, a conservation easement divides portions of the land title between the landowner and the easement holder.

There are four basic types of conservation easements: Those that 1.) Preserve the production of economically important commodities, such as timber. 2.)Conserve land for human use, such as for forms of recreation. 3.)Protect natural areas that exemplify extreme scenic value or ecological importance. 4.) Protect entire ecosystems, such as a watershed (Greene, 2005).

The Minnesota Land Trust reports that three types of landscape features are particularly targeted in the development of conservation easements. Broadly stated, these include areas that are vital for habitat of native Minnesota plants and wildlife (including prairie, forests, blufflands, and wetlands), riparian areas that will help to protect habitat as well as improve water quality, and scenic landscapes that also contain some historical or cultural significance. These easements can come in a variety of formats, as can be illustrated by the fact that the Minnesota Land Trust says that "very few would be considered forever wild easements." Many allow for some amount of forestry practices, agriculture, limited division of the area, and many are centered around residential developments. Above all, the Minnesota Land Trust strives to work with the landowner in order to preserve the natural and scenic value of the land.

Easements can either be voluntarily donated or sold by the landwoner.The landowner retains all rights that aren't specifically restricted by the conservation easement. This includes the right to allow or prohibit the public from entering the property. However, this also includes the obligation to maintain the property, while not breaking the restrictions of the agreement, and to continue to pay taxes on the land. A land protection agency, such as The Minnesota Land Trust, also has certain obligations, including periodic visits to the property in order to ensure proper maintenance and enforcement of the regulations previously agreed upon. Landowners can include not only individuals but also government entities.

Conservation easements are binding agreements that are meant to last for perpetuity, but some are for a fixed duration. This is regardless of sale or transfer of the land.

Some landowners choose to donate their land while others may be eligible for reduced tax obligations. If certain conditions are met, landowners may be eligible for income, property, and/or estate tax benefits.

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