- Wetlands at Water Dance
Conservation Easements
A conservation easement is a voluntary conveyance of legal interest in land, where a property owner gives or sells the development rights to a qualified preservation group, like Continental Divide Land Trust, to protect the conservation values on the land. The landowner retains ownership, but agrees not to develop it. Since the easement applies to future owners of the land, it ensures perpetual protection. Continental Divide Land Trust will ensure that this agreement is always adhered to, forever.
The land use restrictions in a Conservation Easement usually limit future development and the number of home sites but can, and often do, limit other uses as well. Future mining, commercial timber cutting, and significant commercial uses are usually prohibited.
The conservation values on land to be protected with a Conservation Easement must be “significant” per the regulations of the Internal Revenue Service. It is the Land Trust’s responsibility to determine whether a property has “significant conservation values” and is therefore eligible for protection under a Conservation Easement.
CDLT works with willing donors or willing sellers in the conveyance of a conservation easement. A conservation easement is always a voluntary agreement that is negotiated between the landowner and the Land Trust.
Because each property is unique, each Deed of Conservation Easement agreement is unique, reflecting the characteristics of the property and the needs and desires of the landowner. Throughout the negotiation process, each conservation easement agreement is tailored to meet the land protection desires and landowner financial/tax planning interests while protecting the conservation values on the land.
When an easement has been signed and recorded in the public records of the County Clerk, the Land Trust must see that it is honored in perpetuity. The Land Trust will visit the property annually thereafter and will defend the easement's intent if necessary as part of its land stewardship responsibility.
Conservation easements may be donated in full, donated in part with a portion of the value purchased, or purchased at the full value of the development rights that are given up. Public access is not required as part of a conservation easement dedication.
Visit our FAQ page to learn more about conservation easements and land conservation.