Outright Donation of Land

The straightforward gift a land parcel is usually the simplest way to transfer ownership. This technique offers the maximum tax advantages because the charitable-gift deduction is generally based on the full fair market value of the property. An appraisal will be needed to substantiate this value for IRS deduction purposes. With outright donation, no financing is required, and it's not necessary to negotiate a price. The landowner need only obtain acceptance of the gift by the land trust. Other possible donees include county (or municipal) parks and recreation departments and Program Open Space.

In cases where the property is extremely valuable, the landowner may want to donate portions of the land, or undivided partial interests in the land in yearly installments to permit the deduction of full value over an extended number of years.

NOTE: Giving, or willing, land to a non-profit organization which is not committed to preserve the land does not assure that it will remain undeveloped. Most non-profits, in fact, such as churches, universities, and hospitals, are required to sell properties for "maximum return" at some point after they receive them, and this generally means developing the properties.

Landowners who wish to give land to a non-profit organization whose mission is not land conservation should always consider placing a conservation easement on the land before giving it away. This will assure that the land is preserved, while still giving a gift of great value to the institution you wish to support.

TOPICS IN THIS SECTION
Outright Donation of Land
Donation of a Remainder Interest
Donation of Land by Will
Bargain Sale of Land
Conservation Buyers
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.

"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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