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While conservation easements, both donated and sold, are the most widely used techniques for the permanent protection of private lands, there are several other tools available to landowners in Maryland, all of which involve fee-simple transfer of real estate. These include the outright donation of land, donation of a remainder interest, donation of land by will, bargain sale of land and, the newest technique, conservation buyers.
The Maryland Environmental Trust (MET) and the local land trusts are not primarily land-holding and management organizations, but they have the ability to accept gifts of land and secure its protection. Land which is donated or otherwise acquired by the MET, for example, is protected with a conservation easement and sold back to the private sector or transferred to other land management agencies. Proceeds from such sales are applied to MET's ongoing environmental programs. Landowners may consider a fee-simple transaction if they own all rights associated with the property and wish to convey them as a package - either in the present or the future - to the MET, a local trust, or a unit of local or State government.
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| Outright Donation of Land |
| Donation of a Remainder Interest |
| Donation of Land by Will |
| Bargain Sale of Land |
| Conservation Buyers |
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What motivates landowners to protect their land? Hear what landowners say about why they donated or sold a permanent conservation easement on their land.
"My stepfather, Paul Bailey, taught me that people do not own the land but are stewards of the land. When I as growing up he took me fishing and hunting near a farm we had in Calvert County. A lawyer for 62 years, he is remembered today as a "Conservator and a True Friend of St. Mary's County" - a quote that is on his grave marker. MET's easement program was recommended to our family -- and my wife and I talked it over with our sons and they agreed that they wanted the farm to be protected. Trent Hall was built in 1789, a 300-acre property that was a part of 2,200 acres granted to Thomas Truman in 1658. He's our resident ghost, but a friendly one. We purchased Trent Hall in 1955. I consider myself a strong advocate for preservation, however, not at the expense of farmers. Economically-viable farming is a key to preserving farmland. When we did the easement in 1978, we had reserved three rights for additional houses and we wanted to reduce that number to one. An additional benefit was that we were able to claim tax benefits for the donation of those two development rights."
Henry Virts, former MET Board Member, St. Mary's County, Maryland. MET Easement recorded in 1978. |
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