Nash Prairie - Native Prairies Association of Texas

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Conservation Easements Offer Benefits For many people, though, preserving land long term is the driving motivation By Chris DeForest A conservation easement can be a financial-planning tool for those who love their land. Even in these turbulent times, people are thinking about the future of their land. As the number of people approaching retirement increases, more people are wondering how they will be able to afford to pass on their cherished family land to their children. Some want to keep their working farm or forest in production while others simply wish to preserve their land for its wildlife habitat and scenic beauty. Conservation easements are one tool that these landowners can use to meet their estate or financial-planning needs as well as their philanthropic goals. A conservation easement is a legal agreement between a willing private landowner and a land trust or government agency. The conservation easement protects wildlife habitat, scenic vistas, productive farmland, and important wetlands or forests. The agreement specifies what activities are allowed on the land, which may include farming, forestry, recreation, and limited construction. The conservation easement also defines what activities are restricted permanently, such as develop ment or subdivision, mining, and other activities that would damage the conservation values of the property. The permanent protections remain in place even if the easement donor gives or sells the land to others. Through these agreements landowners donate their right to develop or subdivide their land to protect specific natural, scenic, or productive resources. The landowner continues to own and manage the land and continues to pay local taxes. In return for the donated conservation easement, the land trust agrees to monitor the land to ensure that the conservation protections are upheld in perpetuity. Morning fog in the Davis Mountains. Photo courtesy of Kirsti Harms Unfortunately, not many people know about conservation easements. Savvy financial advisers can help their clients who cherish their land understand the multiple benefits of such easements. “It’s a good thing to keep in the back of your mind,” says Rod Clugston, of the Coeur d’Alene office of Edward Jones. “Especially for someone who wants to protect their land, it can be fantastic.” As with any charitable gift, the donor may be able to take a federal income-tax deduction. “My client mentioned he wanted to keep his land intact,” says Clugston. “With the easement he received estate-tax and income-tax benefits, but also kept his land the way he wanted it. It was a real winwin situation.” Now, landowners have an additional reason to do a conservation easement before the end of 2009. The 2008 Farm Bill extends a temporary tax incentive that raises the deduction a donor can take for the charitable gift of a conservation easement from 30 percent of their income in any year to 50 percent and allows qualified farmers and ranchers to deduct up to 100 percent. The bill also increases the number of years over which a donor can take deductions to 16 years from six years. Not only are there income-tax benefits, but in some cases the conser vation easement also may bring the value of the land below the estate-tax limit. After her husband’s death, Sandpoint, Idaho resident Nicky Pleass became concerned about the future of her land after she was gone. She feared that her heirs would be forced to subdivide or sell the land to pay the estate taxes. Pleass thought that an easement might be the answer she was looking for. The terms of the conservation easement allow one additional home site on the 188 acres, but because Pleass gave away most of the development rights, the resale value of the land has been reduced. “My primary reason for the easement was my love of the land and my concern about the animals. But now my daughter has the choice whether to live on the land,” Pleass says. “She won’t be forced to sell it to pay the inheritance taxes.” A conservation-easement donation requires not only a willing donor, but a qualified conservation organization to accept the donation. That organization needs to be able to show that the donation closely fits its particular charitable mission. Every easement is tailored to suit the needs of the land and the landowner. An agreement to protect rare wildlife habitat might prohibit any development on the land, while one on a farm might allow continued farming and the building of additional agricultural structures. For people who own land with important resources, donating a conservation easement can help them conserve the land, while maintaining their property rights and maybe realizing a tax benefit. Chris DeForest is executive director of the Inland Northwest Land Trust in Spokane, WA. www.inlandnwlandtrust.org. Reprinted with permission. First published in the Journal of Business, Spokane, WA., Oct. 23, 2008. © Journal of Business. 10 Native Prairies Association of Texas TEXAS PRAIRIE Journal
For Your Library Rare Plants of Texas A Field Guide By Jackie M. Poole, William R. Carr, Dana M. Price, and Jason R. Singhurst Since 1987, when Texas Parks and Wildlife Department botanists published their first inhouse summary of Texas’ threatened plants, more than 225 species have been identified and described as endangered, imperiled, or declining. Because most of these plants are too rare to be mentioned, much less pictured, in standard field guides, only a handful of botanists have known what these plants or their habitats look like. Complete with photographs, line drawings, and county maps, this book describes the officially listed, candidate, and species-of-concern plants in Texas. Individual accounts include information on distribution, habitat, physical description, flowering time, federal and state status, similar species, and published references. The authors also provide brief introductory chapters on the state’s vegetation regions; the history of plant conservation in Texas; federal, state, and other ranking methods; threats to native plants; recovery methods; and reporting guidelines. With the growing recognition that native plants support wildlife, conserve water, promote biodiversity, and exemplify our natural heritage, we must also recognize the need for greater understanding of endangered plants, the threats to their existence, and the importance of their survival. Rare Plants of Texas is highly recommended for professional botanists and advanced researchers, conservationists, students, range managers, and others concerned with preserving the ecosystems of Texas and the Southwest. For more information, visit www.tamu.edu/upress/BOOKS/2007/poole.htm. Restoration Manual for Native Habitats of South Texas By Caesar Kleberg Research Institute This South Texas restoration manual is now available! The purpose of this manual is to instruct landowners and land managers in the various methods of restoring native plant communities. It can be acquired for $19.00 plus tax (includes shipping & handling) For more information, contact Annette Peterson at 361-593-4037 or e-mail: kaaep00@tamuk.edu To browse a preview of the book please visit: http://ckwri.tamuk.edu. Photo courtesy of Pat Merkord This Texas horned lizard (Phrynosoma cornutum) was one of several spotted on the September field trip to Maddin Prairie. Information Request for Prairies and Savannas NPAT is looking for prairie and savanna remnants and restora tions throughout Texas, especially in the Blackland Prairie, Coastal Prairie, and Grand Prairie (of the Cross Timbers and Prairies) regions of Texas. Knowledge of prairie remnants greatly assists us in conser vation planning, and helps us identify land owners so we can inquire about their interest in protecting their prairie. If you know of any existing remnants (even drive-by sightings or just rumors), own a prairie remnant, or are restoring prairie on your land, please contact NPAT via email at info@texasprairie.org or write to 2002 - A Guadalupe St. PMB 290, Austin, Tx 78705-5609. Fall/Winter 2008 native Prairies Association of Texas 11
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Nash Prairie - Native Prairies Association of Texas

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