Piedmont Greenway Master Plan - Town of Kernersville

METHODS OF GAINING PUBLIC ACCESS
Acquisition Tools
The development of parks has traditionally occurred on land owned outright by the cities and counties.
The expansion of these holdings usually have been through fee simple acquisition; that is, the city or county
buys the property outright without any encumbrances or limitations upon the property title. Fee simple acquisition
can be modified to allow life tenancy by the seller. While fee simple acquisition remains a primary
tool in the effort to assemble land for recreational purposes, other tools for resource protection and use are
being utilized. Alternatives to fee simple acquisition include:
Greenway Easements
The purpose of greenway easements is to establish legally binding contracts based on a mutual understanding
of the specific use, treatment and protection that greenway lands will receive. Property owners
who grant easements retain all rights to the property except those which have been extinguished by the
easement. The property owner is responsible for all taxes associated with the property, less the value of the
easement granted. Easements are generally restricted to certain portions of property, although in some cases
an easement can be applied to an entire parcel. Easements are transferable through title transactions, thus
the easement can remain in effect forever. Three components of greenway easements which may be appropriate
for use in the Piedmont Greenway study corridor are:
Conservation Easements
This type of easement generally establishes permanent limits on the use and development of land in
order to protect the natural resources of that land. A conservation easement may simply involve a property
owner's agreement not to develop a particular site or it may provide for active management of the site by a
city, county or land trust.
For example, a scenic easement may establish a buffer zone adjacent to a creeks watershed where no
development or clearing of vegetation could occur. The Upper Neuse Watershed management Plan Project,
as an example, held workshops June 2002 with cities and towns, and private landowners to explain the
benefits for dedicating greenway easements along the river for land within the 100-year flood plain or 150
feet of its bank, whichever is less. This will allows the cities and towns, and private landowners the ability
to develop and use a greenway trail. It is recommended that a provision of this type be implemented along
the Reedy Fork and Moore's Creek corridors. The Conservation Easement language can be strengthened by
changing the wording to establish a greenway easement over the 100-year flood plain or within 150 feet of
the creek bank, whichever is greater.
Preservation Easements
This type of easement is intended to protect the historical integrity of a structure or important elements
of the landscape by sound management practices. Preservation easements may qualify for the same federal
tax deductions and state tax credits as conservation easements.
Donation/Tax Incentives
A donation occurs when a local government agency agrees to receive full title to a parcel of land at virtually
no cost. The city, county and land trust may accept gifts of property as a low-cost strategy for enlarging
the Piedmont Greenway while providing a legacy for the donors. In most cases, the donor is eligible to
receive federal and state deductions on personal income. In addition, property owners may be able for this
for a piece of land to avoid inheritance taxes, capital gains taxes and recurring property taxes.
North Carolina Conservation Tax Credits
Donations of below fair market sales of conservation easements usually qualify landowners for federal
income tax deductions and state income tax credits. The North Carolina Conservation Tax Credit allows:
• State income tax credit is equal to 25 percent of the fair market value of open space or farmland, not
to exceed $250,000.
• Any unused portion of the credit may be carried over for the following five years.
• (N.C. Gen. Stat., §105-130.34, §105-151.12).
For more information contact Piedmont Land Conservancy (336 - 691 - 0088)
Life Tenancy
Property owners can sell or give the city or county property but retain the right to live on the land for
the rest of their lives.
Fee-Simple Purchase
This is a common method of acquisition where a local government agency or private greenway manager
purchases property outright. Fee simple ownership conveys full title to the land and the entire “bundle”
of property rights including the right to possess land, to exclude others, to use land and to alienate or sell
land.
PIEDMONT GREENWAY
Final Master Plan Report 75