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Jan. 17, 2001 Guest Column The Montezuma Land Conservancy has been assisting landowners in the area for more than three years. The board of directors recently voted to authorize the organization to hold conservation easements. Now the Conservancy can do even more to help property owners by keeping conservation easement arrangements entirely local. In the past, the Montezuma Land Conservancy helped landowners interested in conservation easements by arranging for another land trust to hold the easement. This can still be arranged if the owner would like to work with a particular group such as the Colorado Cattlemen’s Agricultural Land Trust. But now, if the owner prefers, the easement can be held and monitored by a group made up of local residents. Landowners will have the advantage of a local office if they ever have any questions. The Montezuma Land Conservancy recognizes that conservation easements are not for everyone and only arranges conservation easements for those landowners who voluntarily choose to use this tool to preserve specific values on their land. The Conservancy may be able to assist owners with other options for land preservation such as protected development or finding a conservation-minded buyer. There are typically both benefits and drawbacks to placing a conservation easement on any property, but many of these aspects are not well understood. Some of the points that landowners should be aware of are: •There are no governmental agencies involved in an MLC easement, only a group formed of local residents. •Conservation easements do not require public access. •Conservation easements do not split the title to the land but do include permanent restrictions chosen by the landowner. •Agricultural conservation easements can be designed to support, not limit, agricultural use of the land. •Conservation easements do typically reduce the potential amount for which the land could be sold, which results in a donation that gives the landowner a federal tax deduction and state tax credit. •The landowner granted a conservation easement does not lose control of the land but rather permanently restricts uses of the land which they don’t wish to see. It is true that landowners are giving up the option to change their mind about these uses in the future. The restrictions the owner chooses to put in the easement must stay in place in perpetuity. Clearly, there are a lot of important considerations involved in a decision to place a conservation easement on a property. If you would like more information on any of these issues, please give us a call at 565-1664.
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Copyright © 2001 the Cortez
Journal. All rights reserved. |
