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Conserving My Land
What is a land trust?
Land trusts are private, nonprofit organizations dedicated to conserving and protecting natural resources.
They identify and protect the places that make our communities special - farms, urban greenways, historic
landscapes, stream corridors. A growing number of local land trusts in North Carolina use voluntary methods
to help land owners achieve long-term conservation and financial goals.
What is a conservation easement?
Conservation Easements are one of many conservation tools available to landowners wanting to protect
their land resources for the future. They are voluntary, legal agreements between a landowner and a nonprofit
conservation organization or government agency. Under the agreement, the landowner gives up certain rights,
such as subdivision and development of the land, while retaining ownership of the property. There are many
benefits: donating a permanent conservation easement may significantly reduce the amount of federal and
state income taxes owed; the value of the land's development potential restricted by the conservation easement
qualifies as a charitable donation; in many cases, estate taxes are also reduced. To qualify as a charitable
contribution for federal and state tax purposes, an easement must be perpetual, must be made to a qualified
Grantee (generally a nonprofit organization or a public agency), and it must meet one or more of the following
conservation purposes:
preservation of land for public outdoor recreation or education; protection of relatively natural habitats of fish, wildlife, or plants; preservation of open space including farm and forest land; preservation of historically important land or buildings.What conservation options exist other than easements?
Outright land donations - land which is donated as a gift to a land trust and can result in substantial income
tax deduction and credits.
Bargain sale of land - for the seller, the difference between fair market price and bargain sale price is treated
as a charitable donation and can reduce capital gains taxes payable on the sale.
Mutual covenants - an agreement by a group of landowners which restricts land use; not permanent.
Remainder interest trust - land is donated to a land trust, but owners can continue to live there until death.
Bequests and living trusts - allows a landowner to own and manage the property during his/her lifetime, while
assuring permanent protection for the future. A living trust achieves the same goal, but avoids the probate process
and may reduce the donor's taxable estate.
For more information about conservation planning please contact us:
828-437-9930
Or visit the Open Space Protection Collaborative's website and access these pages for additional
details regarding the various options and tools available to landowners:
Land for Tomorrow is a growing partnership of North Carolina organizations and citizens committed
to building awareness of the importance of land conservation and historic preservation to
North Carolina's future and advocating for expanding funding to meet that need
