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Landowner's Options for Protecting Family Lands Conserving family lands from future development can be a satisfying act of generosity for people committed to protecting the environment. Landowners who donate conservation easements are interested in conserving special features of their property, such as wildlife, undeveloped land, natural scenery, and historic sites of cultural significance. Easement donors may also be concerned about maintaining the economic viability of their land in the face of increasing tax burdens. Finally, many donors simply wish to prevent the property from being developed or subdivided in the future. For over 20 years, the Texas Land Conservancy (TLC) has been working with landowners to protect their family lands through a variety of techniques designed to carry out the landowner's wishes. Our three main strategies are conservation easements, gifts, and purchase. This guide helps explain these most frequently used strategies. Conservation Easement Donation
A conservation easement is a legal agreement conveyed by a landowner that restricts certain future uses of a piece of property. The purpose of the easement is to ensure that the property will be managed to protect natural features, historic sites, scenery, traditional land uses, or other values. For example, a landowner who donates a conservation easement may want to prtotect wildlife habitat while reserving the right to build a house on the land or to practice limited agriculture or business activities. Or, a landowner may wish to prohibit development or subdivision of his or her property so the land will continue to be used for farming or ranching. The goal of most conservation easements is to make sure that the current uses and condition of a piece of land are not greatly altered in the future. Conservation easements are usually donated to private organizations called land trusts. A land trust is a nonprofit charitable organization that protects land for its natural, historic, or economic value. The land trust is responsible for visiting the property one or more times annually to make sure that the terms of the easement are followed. The land trust may also support the landowner by providing expertise or assisting with management activities on the property. The land trust can provide oversight and assistance and allow the landowner to conserve private property without governmental restrictions. Most conservation easements are permanent. A property under conservation easement may be sold or inherited, but future owners of the land must follow the terms of the easement. Permanent conservation easements may confer tax benefits to the donor. To find out more, visit our page on tax benefits of easements (here). Conservation easements are an effective means of conserving property while maintaining private ownership. The terms of the easement are flexible and each one is unique. They are written to carry out each landowner's wishes for the future of his or her property. If you are interested in donating an easement, please visit our page on TLC's conservation easement process (here). Fee Simple Donation
A fee simple donation is the transfer of a property by deeding it directly to a charitable organization for conservation or other purposes. As a charitable organization, TLC may accept gifts of property in fee simple. More than twenty landowners have donated property to TLC. Donations of property to a land trust such as TLC are typically tax-deductible Purchase
TLC has purchased a few of its fee simple properties with funds from special-purpose campaigns or general donations. Tracts of land purchased by TLC must be places of unusual significance for water features, wildlife, or native plants. This is not a common method of conservation because of the increasing costs of land due to development pressure.
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