How To Preserve Prairies
There are several options available to landowners who wish to preserve their prairie while keeping their land in private ownership. NPAT primarily assists landowners who wish to preserve their prairie in two ways: 1) accepting donations of property and 2) holding conservation easements.
A number of landowners have donated their prairies to NPAT to protect them forever. As a nonprofit charitable organization and land trust, NPAT can accept gifts of property in fee simple. Lands donated to NPAT are held in perpetuity for the benefit of their prairies, native plants, and wildlife. Donation of the property is in most cases tax-deductible as it is a charitable contribution.
A conservation easement is an agreement between a landowner and a private organization or land trust such as NPAT. By donating a conservation easement, a landowner retains title to his or her property, but agrees to limit or prohibit certain kinds of development, subdivision, or other activities on the property.The purpose of an easement with NPAT is to preserve prairie remnants or restorations on a tract of land, and can include compatible agricultural productivity such as use as a native hay meadow or managed sustainable grazing. The IRS recognizes donation of a conservation easement as a charitable gift and may result in a federal income tax deduction, reduced property taxes, and reduced estate taxes paid by heirs.
To speak with someone at NPAT about potential donation of land or a conservation easement, contact the Native Prairies Association of Texas, 2002 - A Guadalupe St. PMB 290, Austin, TX 78705-5609 , 512-772-4741 or protect@texasprairie.org.
What is a Conservation Easement?
A conservation easement is a legal agreement placed by a landowner that restricts certain future uses of a piece of property. The purpose of an easement with a land trust is to ensure that the property will be managed to preserve natural features, historic sites, scenery, traditional land uses, or other values. NPAT accepts donations of conservation easements specifically to protect prairies.For example, a landowner who donates a conservation easement may want to preserve wildlife habitat while reserving the right to build a house or to practice limited agriculture or business activities. Or a landowner may wish to prohibit development or subdivision of his or her property so the land will continue to be used for ranching.
The goal of
most conservation easements is to make sure that the current uses and
condition of a piece of land are not greatly altered in the
future. NPAT accepts donations of conservation easements to protect
prairies, and many other land trusts in Texas will accept conservation
easements to preserve natural features, wildlife habitat, open space,
outdoor recreation, or historic land and structures.Conservation easements are usually donated to private organizations called land trusts. A land trust is a nonprofit charitable organization that protects land for its natural, historic, or economic value. The land trust is responsible for scheduling annual visits to the property to make sure that the terms of the easement are followed.
The land trust may also support the landowner by providing expertise or assisting with management activities on the property. The land trust can provide assistance and allow the landowner to conserve private property without significant governmental involvement.
Conservation easements accepted by NPAT are permanent, meaning that the easement runs with the title of the property forever. A property under conservation easement may be sold or inherited, but future owners of the land must follow the terms of the easement. Permanent conservation easements may confer tax benefits to the donor.
Conservation easements are an effective means of conserving prairies while maintaining private ownership. The agreement is tailored to meet both the practical needs of the landowner and their wishes for conserving their prairie. The terms of the easement are flexible and each one is unique, as they are written to carry out each landowner's wishes for the future of his or her property.
Why Use a Conservation Easement?
Landowners who donate conservation easements are interested in preserving special features of their property, such as wildlife, undeveloped land, natural scenery, or historic or cultural significance. Easement donors may also be concerned about maintaining the economic viability of their land in the face of increasing tax burdens. Many donors wish to prevent the property from being developed or subdivided in the future.Donating a conservation easement may result in tax benefits for the landowner. Because easements usually involve giving up rights to conduct certain activities, such as development, on a property, they usually result in some reduction in appraised value of the property.
The
value of a conservation easement, which is the amount the property
value is reduced by the easement, may count as a charitable donation
and may be
deducted from federal income taxes. In some cases, this can be a
significant incentive for land preservation.In addition, donating a conservation easement may exempt a landowner's heirs from or reduce estate taxes, which often force heirs to sell all or part of a family property. Conservation easements may also lower property taxes. To be eligible for these tax benefits, the value of the conservation easement must be determined by a qualified real estate appraiser.
For more information about donating conservation easements to NPAT, please contact the Native Prairies Association of Texas, 2002 - A Guadalupe St. PMB 290, Austin, TX 78705-5609, 512-772-4741 or protect@texasprairie.org .
For more information, download the complete guide, "Conservation Easements: A Guide For Texas Landowners," in Adobe PDF format (Adobe Acrobat required), from Texas Parks and Wildlife at http://www.tpwd.state.tx.us/landwater/land/private/conservation_easements/ .
For a landowner's packet of information regarding conservation approaches available to landowners , contact Carolyn Vogel, Executive Director of the Texas Land Trust Council, at 512-236-0655, Texas Land Trust Council, 1305 San Antonio Street, Austin, TX 78701, or via email at cvogel@texaslandtrusts.org .
Thanks to Jason Spangler (NPAT), David Bezanson (NAPA), and Texas Parks and Wildlife for the text of this article.