What is a Conservation Easement?

It's a method of protecting our natural resources and preserving scenic open space, farmland and natural lands while keeping the land in private ownership. A conservation easement is a legal contract between a landowner and a land trust or public agency that provides for the perpetual preservation of the landowner's property by restricting or prohibiting certain activities and structures. After signing, the agreement is recorded in the local county courthouse so that all future owners of the property will be aware of the easement and will be bound by its terms and provisions. With an easement, only the right to develop the property is given up. Landowners maintain ownership and the land remains private. It may be bought, sold, leased or inherited as with all other land, but always subject to the recorded restrictions.

Any land with conservation value can be protected by easement. This includes woodlands, wetlands, meadows, farmland, endangered species habitat, beaches, scenic areas, natural areas, wild and scenic rivers, historic areas and any other type of land that is essentially undeveloped.

The decision to place a conservation easement on their property is often made out of a desire by the landowners to preserve the beauty of their land and/or to protect the land base for agricultural use. There are also significant state and federal tax advantages associated with an easement donation. Sometimes, payment is available for certain types of land).

The value of an easement (either for donation or sale) varies, depending on the individual property, its development potential, and the degree of restrictions placed on the land. Generally, the more development potential given up, and the more restrictive the easement, the higher the easement value.

As a practical matter, the value of an easement is the difference between a property's value before an easement is placed on it and the value afterward. An appraisal is usually used to determine this value. Some easement purchase programs determine their payment based on a point system.

TOPICS IN THIS SECTION
What is a conservation easement?
Typical Easement Provisions
Donation vs. Sale of an Easement
Glossary of Conservation Terms
IN THEIR OWN WORDS

What motivates landowners to protect their land? Hear what landowners say about why they donated or sold a permanent conservation easement on their land.

"When we first bought the land in 1963, we viewed it as a financial investment. But our views matured to where preservation became more important than monetary gain. To us, it's a matter of spiritual and moral growth. We have 130 beautiful acres out here and I feel at ease when I look out at the land. Of course, we'll never be as rich as we thought we'd be, but our little piece of land will stay as it is -- and that now means everything to our family."

C.J. and Emily Swet, Frederick County, Maryland. MET Easement recorded in 1979.

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