Conservation Easements: Protecting Archaeological Sites and ...

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What is a conservation easement?Conservation easements may apply to a variety of resources. Broadlyapplied, a conservation easement is a legal agreement a property ownermakes with a nonprofit or government organization to protect cultural andnatural resources on his property. A property owner holds a certain numberof rights, such as the right to subdivide his land, restrict its access, orconstruct a building on it. By agreeing to place property under a conservationeasement, the property owner, or “grantor,” agrees to donate, lease, or sellsome or all of these rights to a nonprofit organization. This organization4Conservation Easements: Protecting Archaeological Sites and Historic Buildings on Private Lands
ecomes the easement holder or “grantee,” who is responsible for monitoringthe property for activities that would be contrary to the conditions of theeasement. Depending on the resources they protect, conservation easementsare known by several different names. For example, an agricultural easementwould protect a family farm. Types of conservation easements commonlyused to protect historic buildings and archaeological sites are the primaryfocus of this pamphlet and include historic preservation easements and openspace or scenic easements.Why place a conservation easementon your property?Conservation easements are uniquely tailored to meet the needs of theindividual property owner. They allow property owners to protect specificresources on their property while retaining ownership. An owner can choosewhich portions of the property he wishes to protect and which to excludefrom protective covenants of the easement. He may also wish to allowlimited public access, such as historic house tours or recreational activities,like hunting and fishing, provided they do not endanger the protected area ofthe property. Such limitations would be included in the terms of theeasement.Creating historic preservation easements and open space and sceniceasements on your property may ensure the preservation of historicalresources as a legacy for future generations. Furthermore, they have thepotential, through public access, to provide a community with manyeducational benefits. Economic benefits to conservation easements also exist.Tax incentives may include reduction in property, estate, and federalincome taxes.Conservation Easements: Protecting Archaeological Sites and Historic Buildings on Private Lands 5
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Conservation Easements: Protecting Archaeological Sites and ...

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