Conservation Easements 

What are Conservation Easements?

 The Nature Conservancy-  A conservation easement is a restriction placed on a piece of property to protect its associated resources.

The easement is either voluntarily donated or sold by the landowner and constitutes a legally binding agreement that limits certain types of uses or prevents development from taking place on the land in perpetuity while the land remains in private hands.

Conservation easements protect land for future generations while allowing owners to retain many private property rights and to live on and use their land, at the same time potentially providing them with tax benefits.

In a conservation easement, a landowner voluntarily agrees to sell or donate certain rights associated with his or her property – often the right to subdivide or develop – and a private organization or public agency agrees to hold the right to enforce the landowner's promise not to exercise those rights. In essence, the rights are forfeited and no longer exist.

An easement selectively targets only those rights necessary to protect specific conservation values, such as water quality or migration routes, and is individually tailored to meet a landowner's needs. Because the land remains in private ownership, with the remainder of the rights intact, an easement property continues to provide economic benefits for the area in the form of jobs, economic activity and property taxes.

A conservation easement is legally binding, whether the property is sold or passed on to heirs. Because use is permanently restricted, land subject to a conservation easement may be worth less on the open market than comparable unrestricted and developable parcels. Sometimes conservation easements will enable the landowner to qualify for tax benefits in compliance with Internal Revenue Service rules.  Landowners are encouraged to consult an attorney before making a commitment, as it is a serious decision.  

Conservation Easements Links

Here are some links from the Colorado Department of Revenue on Conservation Easements.  The Agate/Double El Conservation District is not endorsing these sites, just providing the information on conservation easements to producers:

Palmer Land  Trust - Palmer Land Trust is a 501(c)(3) nonprofit organization working to preserve important open lands in southeastern Colorado.  Since 1977, we have helped individuals and communities protect nearly 70,000 acres of farms and ranches, wildlife habitat, scenic corridors, and public open spaces.  Our mission is to guarantee that open lands remain a part of southeastern Colorado’s heritage.  We have a proven track record of success and are today the largest, private, local conservation organization in the United States based on conserved acreage holdings.

Colorado Cattlemen's Agricultural Land Trust is the land trust community facilitates ranch protection with conservation easements by working in partnership with Colorado ranch families. A portion of Ranches of Colorado proceeds will be given to The Colorado Cattlemen's Agricultural Land Trust, Colorado Open Lands, and the Colorado Coalition of Land Trusts to continue the important work of preserving ranchland open space in Colorado.

Tax Credit Connection Colorado has an innovative tax program that allows the transfer of conservation easement income tax credits from landowners to taxpayers with Colorado income tax liabilities. If you're interested in reducing your Colorado income tax while encouraging the preservation of scenic lands, wildlife habitat or working farms and ranches, consider purchasing Colorado conservation easement income tax credits. If you're donating a conservation easement and want to receive immediate cash, consider selling your tax credits.

The Colorado Coalition of Land Trusts is the collective voice for land conservation in Colorado. Our member land trusts and local government open space programs have protected nearly 2 million acres of Colorado's wildlife habitat, working farms and ranches, and significant natural landscapes. The Coalition promotes and supports land conservation excellence through leadership, advocacy, education and outreach.

Land Trust Alliance unites and champions organizations in local communities working to save natural areas.

Internal Revenue Service  tax information on conservation easements.