In Florida, Section 704.06, Florida Statutes, defines a “Conservation Easement” as “. . . a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, ...
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.
It involves drafting key legal paperwork, having your land appraised, finding an eligible land trust or nonprofit to enforce the easement, and consulting with a CPA to maximize your tax deduction. Fortunately, Giving Property specializes in working with donors to make the process as easy as possible.
What is a conservation land? In order for a property to be considered conservation land by the Florida Natural Areas Inventory (FNAI), a significant portion of the property must be undeveloped and retain most of the attributes one could expect it to have in its natural condition.
The contributions must be made to a qualified organization and not set aside for use by a specific person. If you give property to a qualified organization, you can generally deduct the fair market value (FMV) of the property at the time of the contribution.
TNC accepts two types of real estate gifts, both of which are critical to our work: land that donors would like permanently protected and land that donors permit us to sell, with the proceeds going to support our work. We are not able to protect all of the real estate that is offered to us.
In order for a property to be considered conservation land by the Florida Natural Areas Inventory (FNAI), a significant portion of the property must be undeveloped and retain most of the attributes one could expect it to have in its natural condition.
It involves drafting key legal paperwork, having your land appraised, finding an eligible land trust or nonprofit to enforce the easement, and consulting with a CPA to maximize your tax deduction. Fortunately, Giving Property specializes in working with donors to make the process as easy as possible.
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.