Conservation easements may be amended, but each state has slightly different rules that will govern the amendment. In general, under the federal Uniform Conservation Easement Act, a conservation easement can be amended like any other easement- with the consent of both the landowner and easement holder.
Land conservation is the process of protecting natural land and returning developed land to its natural state.
Conservation easements are conveyed by deed, have a conservation purpose, are in perpetuity (legal term meaning forever), require stewardship and monitoring, may only be extinguished by a court of law, are permanent and may offer tax benefits. It is difficult to remove a conservation easement.
A conservation easement is just one of many options. You may also donate or sell property, donate or sell development rights, or do a bargain sale with a land trust. The opportunity of a permanent conservation easement can protect a family farm or ranch, allowing for future generations to continue in agriculture.
Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
Conservation easements are conveyed by deed, have a conservation purpose, are in perpetuity (legal term meaning forever), require stewardship and monitoring, may only be extinguished by a court of law, are permanent and may offer tax benefits. It is difficult to remove a conservation easement.
Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
Contact land trusts and government agencies that work to assist landowners in your community who are interested in conservation. Get to know their policies and services, and discuss what you'd like to accomplish on your land and what rights you'd like to keep.
Typically, purchased land later becomes public conservation land—like a State Park, State Natural Area, or Wildlife Management Area—whereas a conservation easement protects land that remains private property.
A conservation easement lowers the property value — and, correspondingly, estate taxes. In some cases, a conservation easement may drop the value of the estate below the threshold for estate taxes altogether. Heirs can exclude 40% of the value of land under conservation easement from estate taxes.