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With it, we can: |
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Preserve open space
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Maintain the integrity of open land easements
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Acquire easements |
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Assist landowners with the
decision-making process |
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Educate others to understand
the value of conservation
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Pass on the best of our
values to the next generation |
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DONATE SECURELY ONLINE |
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What follows is a brief outline of
the steps involved with donating a conservation
easement. We have found it helpful to inform
landowners ahead of time about the easement process so
they know what to expect and can ask any questions
they may have regarding the process.
1. Introduction of Land Trust and
Landowner. This is an opportunity for landowners to
share with the SCLT staff their goals, needs and interests
regarding their property. The SCLT staff explains the role
of the SCLT and how conservation easements work.
2. Property Visit. It is important for SCLT to see
the property firsthand and to be familiar with its different
features and characteristics. We also fill out a “Criteria
for Conservation Project” form.
Click here to preview the form.
3. Completion of Landowner Questionnaire. This is a
short questionnaire that we ask all landowners to complete.
It tells us more about specific interests that should be
addressed in the conservation easement.
4. SCLT Board Approval. The SCLT Board of Directors
must approve all protection projects.
5. Completion of Title Research. The SCLT will need
title information that ensures that the title is clear.
6.
Resolution of Mortgage Issues. If the land is
mortgaged, the mortgage must be subordinated for the
conservation easement to be effective and for a tax
deduction to be available.
7. Determination of Conservation Easement Tax
Deductibility. There are certain IRS requirements that
must be met in order for an easement to be tax deductible.
It is recommended that the landowner contact their
accountant to discuss this information.
8. Conservation Easement Drafting and Discussion of
Conservation Easement Terms. The SCLT usually prepares
the first draft of the easement and then the landowner and
his/her lawyer review it. This can require a significant
amount of time depending on the complexity of the easement.
The SCLT is in frequent contact with landowners, or their
representative, in order to create a mutually acceptable
easement document.
9. Legal Description for the Property. The SCLT will
need to be provided with accurate legal descriptions and
maps of the property. If the property does not have a
survey, then one can be contracted with a surveyor or, in
some cases, a surveyor can prepare a metes and bounds legal
description.
10. Designation and Legal Description of the SCLT Trust
Parcel. State law requires that the SCLT have outright
ownership of a “trust parcel” to which the conservation
easement becomes appurtenant. This gives the SCLT legal
standing to enforce the easement.
11.
Signing
of Final Conservation Easement. This can be done via the
mail or at our office. In either case, the landowner’s
signature must be notarized.
12. Recordation of the Conservation Easement. The
signed easement documents, usually including the Baseline
Report, are recorded at the county courthouse. The original
is then returned to the SCLT, and the SCLT sends a copy to
the landowner.
13. Stewardship Gift. We invite conservation easement
donors, if they are able, to assist the SCLT with the cost
of monitoring and enforcing the conservation easement in
perpetuity. The amount of these contributions varies.
14. Completion of an Appraisal. If an easement
donation is tax deductible, the easement gift must be
appraised to establish the value of the charitable
contribution. The appraisal is completed after the easement
is signed. It is useful, however, to involve an appraiser
earlier in the process if the extent of the tax deduction is
an important factor in the design of the conservation
easement.