For Landowners
2009 Conservation Opportunities
Landowners in Bexar, Medina, and Uvalde counties have embraced conservation easements over the last several years. Whether you’re a rancher like George Brucks or a longtime resident like Leilani Gary, your property means a lot to you. You want to keep it as it is for your children and theirs. The City of San Antonio’s Aquifer Protection Program has preserved 80,000 acres so far, and Green Spaces has been proud to be a partner in that effort. The Aquifer Protection Program will end in 2009, but Green Spaces is working to help landowners preserve and protect their lands using foundation, state, federal, and private resources. So contact Green Spaces today.
If you want to donate a conservation easement on your property you have just until December 31, 2009, to receive the benefits of a greatly enhanced federal tax incentives. Landowners who can benefit from a tax deduction can get a increased charitable deduction for the value of the easement donated (50 percent or 100 percent for qualified farmers and ranchers), which can be carried forward for 15 years.
If your property contains rare or endangered species, you may be able to protect your property through state or federal programs. Contact Green Spaces today to learn more.
Frequently Asked Questions
Why should I grant a conservation easement to a land trust?
If it you value the unique natural characteristics of the land you own and want to prevent future development, then conservation easements are for you. Land trusts – such as Green Spaces Alliance – have the expertise and experience to work with landowners and ensure that their land will remain as permanent open space. Furthermore, granting an easement to a conservation organization that qualifies under the Internal Revenue Code as a “public charity” – which includes most land trusts – can yield income and estate tax savings. In fact, through December 2009, there are increased tax incentives available for qualified landowners, but these benefits may not last forever.
How can a conservation easement be tailored to my needs and desires?
An easement restricts development to the degree that is necessary to protect the significant conservation values of that particular property. You still own the property. You can farm it, ranch it, use it as you had, so long as you don’t disturb or destroy its conservation values. Landowners and land trusts, working together, can write conservation easements that reflect both the landowner’s desires and the need to protect conservation values.
What steps do I take to write a conservation easement?
First, contact a land trust in your community to become acquainted with the organization and the services it can provide. Explore with them the conservation values you want to protect on the land. Discuss with the land trust what you want to accomplish and what development rights you may want to retain. For example, you may already have one home on your property and want to preserve the right to build another home. That provision is one that must be specifically written into an easement agreement. Always consult with other family members regarding an easement, and remember that you should consult with your own attorney or financial advisor regarding such a substantial decision.
How long does a conservation easement last?
Most easements “run with the land,” binding the original owner and all subsequent owners to the easement's restrictions. Only gifts of perpetual easements can qualify for income and estate tax benefits. The easement is recorded at the county or town records office so that all future owners and lenders will learn about the restrictions when they obtain title reports.
Land Conservation Links
Land Trust Alliance
Texas Land Trust Council
City of San Antonio
Bexar County
Texas General Land Office
USDA Natural Resource Conservation Service
U.S. Fish and Wildlife – Southwest Region
Texas Parks and Wildlife
Edwards Aquifer Authority