A land trust is a nonprofit organization dedicated to the permanent conservation of land, safeguarding its natural, economic, and cultural significance. These trusts proactively engage in activities such as acquiring or facilitating the acquisition of land or conservation easements, as well as responsibly stewarding the protected land or easements. Collaboration with landowners and communities is integral to their mission, accomplished through avenues such as accepting land donations, purchasing land, negotiating conservation agreements (conservation easements), and ensuring the sustained preservation of conserved land for future generations. Moreover, they play a crucial role in managing and restoring protected land, contributing to its long-term ecological health.

Operating at the local, state, or regional level, land trusts collaborate directly with private landowners and community partners to conserve areas with natural, recreational, scenic, historical, or agricultural importance. The organizational structure of land trusts varies, with some being entirely volunteer-based, while others comprise a combination of volunteer boards of directors and paid professional staff. This staff typically possesses a diverse set of skills and experiences in conservation, overseeing the day- to-day operations and advancing its mission to preserve and protect valuable landscapes.

A conservation easement serves as a lasting safeguard for undeveloped land, aiming to safeguard its scenic, ecological, and natural resource values, as well as recreational potential. Importantly, this legal agreement does not alter property ownership but serves to restrict activities that could harm the land. Conservation easements allow both public and private lands to benefit from its protection.

Each easement is meticulously tailored to the specific landowner and property, addressing specific needs. Typically, a conservation easement permits forestry and agricultural uses, protection and enhancement of wildlife habitat, maintenance of scenic views, and watershed protection. Public access, as well as recreational or educational uses, may be allowed, contingent on the landowner’s preferences.

The easement constitutes a legal contract between the landowner and a conservation organization, municipality, or the state. This document is officially recorded in the registry of deeds and remains permanently binding on subsequent owners. In many cases, the landowner donates the easement to the receiving organization, although in some instances, the organization purchases the easement from the landowner.

Land can be safeguarded in perpetuity by contributing it to a recognized conservation organization, such as a land trust, state conservation agency, or municipal entity. Donating land not only serves as a meaningful charitable gift but also offers substantial tax benefits.

Landowners have the option to sell their land or conservation easement at a value below its fair market value. The variance between the appraised market value and the sale price, when sold to a qualified conservation organization like a land trust, qualifies as a tax-deductible charitable contribution. This arrangement not only generates income from the sale proceeds for the landowner but also offers potential tax benefits through the charitable contribution.

Land can also be conserved in perpetuity by selling it at fair market value to a reputable conservation organization, such as a land trust. However, it is important to note that most land trusts operate with limited financial resources, making it challenging for them to acquire land outright. To secure the property, a typical land trust often relies on applying for government grants and seeking public donations. The competition for these grants is intense, and the entire process can extend over a year or more before successfully obtaining the necessary funds.

Donating land or a conservation easement through your will or family trust is an alternative method to guarantee the lasting protection of your land while potentially alleviating your estate tax obligations. You have the flexibility to modify your will or family trust at any point, and the bequest only takes effect upon your death. This strategy is particularly beneficial if you wish to retain the financial value of your property for potential unforeseen expenses, such as medical bills while ensuring that the land will be conserved in the event you do not need to sell it during your lifetime.

Another option is to have your estate donate the conservation easement to a land trust and subsequently sell the land to a third party. Following the sale, your estate can then contribute the proceeds to the land trust, thereby furnishing the land trust with extra funds to safeguard other properties. This approach allows for a strategic combination of conserving the land through the easement and supporting the land trust’s broader conservation initiatives with the generated revenue.