Conservation Easements

Easements usually allow one party access to another party's land. For example, a homeowner has a house that cannot be reached from the street except by going through another person's property. An easement is created so that the landlocked owner can access his property.

Conservation Easements

In the case of a conservation easement, a landowner grants the land to a federal entity or non-profit. The easement is recorded in public records and "runs with the land". That means it transfers with the property whenever it is sold or leased

Why Grant a Conservation Easement?

A land donor could grant the easement for habitat conservation or preservation of a forest or farm land.

What Are the Benefits?

Land donors continue to own the land and receive federal tax credits if the easement is perpetual -- i.e., forever. State tax credits can apply as well. You will need to look it up for your specific state. It also does not grant access to the land to anyone, including the agency holding the easement. The benefits to the government are that it keeps the property in private hands and usually raises the value of properties around it.

What's the Catch?

An easement generally reduces the value of the land. That's why the tax credits were put in place. The easement also runs with the land so it's always there. It limits the use of the land and the government must use eminent domain to take the land and do away with the easement.

Final Thoughts

If you would like to learn more about conservation easements, you can look at the Wikipedia article. Here is another article about conservation easements.