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Donations and Conservation Easement

 


Deductions for Land Donations
A charitable donation of land can bring a deduction on an individual’s federal income taxes of up to 30 percent of their income over five years.

Congress approved an expansion last summer of the federal tax incentive for conservation easement donations. The expansion is set to expire at the end of this year.

The Law
Raises the deduction a landowner can take for giving a conservation easement from 30 percent of their income in any year to 50 percent.

Allows qualifying farmers, ranchers and forest landowners to deduct up to 100 percent of their income.

Lets the landowner take the tax deduction over 15 years rather than five. Check with a professional tax adviser for details

What is a Conservation Easement?
A conservation easement is a legal agreement between a landowner and a land trust or government agency that limits uses of the land permanently in order to protect its conservation values.

A person can continue to own or use the land and also sell it or pass it on to heirs.

Rights that might be given up include constructing new buildings on the land.

Future owners are also bound by the easement’s terms, with a land trust responsible for seeing that the terms are followed.

An easement may apply to just a part of the property and need not require public access.

SOURCE: Land Trust Alliance

Acres Saved
Acres conserved by local, state and national land trusts increased 54 percent to 37 million acres in five years, according to the Land Trust Alliance, an umbrella group.

The group’s report, which is based on a 2005 census, came out a few weeks ago.

The Land Trust for Tennessee reports a significant increase locally, especially since a law change that increased the tax incentive for donation of easements. From Aug. 2006 to Dec. 2006, the group added 6,400 acres — a 59 percent increase.

Who Makes it Happen
Several private, nonprofit conservation groups in the state accept land donations and conservation easements for protection as well as financial contributions. Some of the major groups in the Midstate:

Land Trust for Tennessee: Has protected more than 17,230 acres, including 1,105 acres of farm, historic and open land in the Leiper’s Fork area of Williamson County, 1,749 acres of farmland in Humphreys, Hickman and Dickson counties and 41 acres of historic open space in Sumner County along Bledsoe Creek. For information: 615-244-5263 or www.landtrusttn.org.

The Tennessee Parks and Greenways Foundation: Has protected more than 6,000 acres and gives grants to others to buy land, build trails and plan greenways. Accepted the land rights to establish the Charles R. Russell Obed Preserve with two waterfalls in Cumberland County and a 155-acre easement at the juncture of Clear Fork and Crooked Creek, next to the Big South Fork National Recreation Area in Fentress County For information: 615-386-3171 or www.tenngreen.org.

The Nature Conservancy in Tennessee: Has helped protect more than 220,000 acres, focusing on large tracts harboring rare and endangered plants and animals. Last year purchased 4,208 acres in Fentress County near Pickett State Forest, which has native hardwood forests, caves and sinks, and habitat for migratory birds and bats. For information: 615-383-9909 or www.nature.org/Tennessee.

The state of Tennessee also accepts select conservation easements and land donations and works with the above groups. Major donations have included a total of about 10,000 wilderness acres given by Bridgestone/Firestone on the Cumberland Plateau. Landowners also can enter into non-binding agreements to protect their land, including an individual with 500 acres of Scale and Indian Mountains in Rutherford County. For information: 615-532-0109 or www.state.tn.us/environment.


Main Source:  Anne Paine of  The Tennessean
Anne Paine can be reached at 615-259-8071 or apaine@Tennessean.com.

 

Copyright © 2006, Brentwood Green Space
Last Modified: January 15, 2007