A conservation easement is an encumbrance that sets up a legal agreement in which the landowner and a government agency or qualified land protection organization consent to restrict development, commercial activities, and industrial uses on a specific piece of property or land for purposes of conservation. Though having given up the development rights, the property owner still maintains full ownership, often obtaining tax benefits from having sold or donated the land. We assist landowners, local governments, and conservation organizations in preservation of farm and ranch lands and water rights, and significant wildlife and water fowl habitats, through sale or donation of conservation easements. We also assist in development of habitat improvement projects, including development of water rights and augmentation plans for ponds and other water features.
Why a Conservation Easement?
In most cases, the main purpose of a conservation easement is to protect the land from being developed or used in certain capacities. The types of land that are most benefited from a conservation easement include:
Scenic or Historic Open Space
Timber and Woodland Resources
Though the owner of the land is prohibited from utilizing the land in certain ways under a conservation easement, the land is not necessarily made public. All details and the particular ways in which the easement dictates the use of the land are specifically listed in the documents that set up the conservation easement.
Contact Lyons Gaddis Today.
Conservation easement creation involves complex land use and tax elements that must be carefully balanced with the desires of the land owner in order to achieve the desired result for our clients. The Real Estate Attorneys at Lyons Gaddis can help you through all phases of the conservation easement process. Contact us today by calling 303-776-9900 or by emailing us directly.