Massachusetts Conservation Easement
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FAQ
Amendments to existing CRs must go through the submission and review process in the same manner as a new CR. Parties are encouraged to contact DCS to discuss proposed amendments prior to formal submission. Practitioners are strongly encouraged to follow DCS' Model Conservation Restriction (link below).
What is a Conservation Easement? A conservation easement is a voluntary legal agreement between a landowner and a land trust like MLR that permanently limits the uses of the land in order to protect its conservation values.
The Conservation Land Tax Credit program recognizes and rewards landowners who donate a real property interest either outright, or through a Conservation Restriction. The donation must permanently protect an important natural resource such as forest land that is in the public's interest.
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, ...
To download IRS Form 8283, go to the IRS website. Generally, you can either print out Form 8283 and mail a paper copy to the IRS or file it electronically.
There are significant financial benefits available to landowners who agree to protect their land with a conservation easement including a deduction for federal income taxes and a credit for state income taxes. In addition, there is property tax credit and possible federal estate tax exemptions.
Form 8283, Noncash Charitable Contributions, is used to report noncash contributions and is generally required of taxpayers whose noncash contributions exceed $500.
Conservation Restrictions are legal agreements that prohibit certain acts and uses, while allowing others, on private or municipally-owned property in order to permanently protect conservation values present on the land.
