Landowners

“FLC is here to help landowners make decisions about what they want to do with their property. We always take into account what is in their best interest as well as that of the community and future generations.”

- Bill Clabough, FLC Executive Director

Conservation Programs

For nearly a quarter of a century, Foothills Land Conservancy has helped individuals and families protect land, ranging from more than a 1,000 acres of mountain land to those who wanted to donate five acres for a city park. If you own property and are considering preserving it for perpetuity, Foothills can walk you through the process. FLC is a 501 (c) (3) non-profit and is not affiliated with any local, state or federal government. All easements coordinated through Foothills Land Conservancy are on a volunteer basis only.

FLC has provided this page to offer resources that may be helpful when considering land conservation programs for your property. For more information, please contact Bill Clabough, FLC’s Executive Director. at (865) 681-8326 or through email at bclabough@foothillsland.org.

and Values...

What makes a property special and unique – in short, worthy of conservation? Foothills Land Conservancy follows the principles set forth by the IRS’s Internal Revenue Code and Regulations. Below is the specific language from this code:

A) In general. --For purposes of this subsection, the term "conservation purpose" means--

(i) the preservation of land areas for outdoor recreation by, or the education of, the general public,

(ii) the protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem,

(iii) the preservation of open space (including farmland and forest land) where such preservation is--

(I) for the scenic enjoyment of the general public, or

(II) pursuant to a clearly delineated Federal, State, or local governmental conservation policy, and will yield a significant public benefit, or

(iv) the preservation of an historically important land area or a certified historic structure.

The four conservation purposes set forth paraphrase those found in in the Internal Revenue Code and Regulations. At least one of these must be satisfied in order for a Conservation Easement to qualify for a tax deduction, and should be recited in the document. It is essential that at least one of these be the result of the Conservation Easement. Merely reciting these does not assure that the rest of the easement document actually accomplishes these goals, just as merely reciting these does not assure qualification for a tax deduction.

Preservation Methods – Landowners have Options

Conservation Easement – The most popular preservation method for land donors is through a conservation easement. This is a legal contract between a landowner and FLC describing activities that may take place on a property in order to protect the land’s conservation value. Landowners continue to own, use and live on the land.

The owner and FLC identify the conservation value of the property and then collaborate on which value is needed for easement inclusion. When an easement is signed and recorded, the owner (grantor) and FLC work together to protect the land. FLC’s Board of Directors ask for a stewardship contribution from an easement donor for every FLC accepted easement. These fund assist FLC’s perpetual stewardship responsibility. Click Here: Resources for Conservation Easements and other programs.

Other Preservation Methods:

Fee Simple Ownership (Land Donation) – The landowner grants all property rights, title and interest to the land trust. The land trust owns and manages the land.

Undivided Partial Interests - The landowner grants a shared, percentage ownership in the property to the land trust over several years until the land trust has full ownership. Land trusts will eventually own land, but joint ownership in interim.

Devise – Land is conveyed to land trust at death of the landowner through the landowner’s will.

Remainder Interest/Reserved Life Estate – The landowner conveys the land to the land trust, but continues to live on or use the property until his or her death. “Remainder interest” in property then reverts to land trust.

Bargain Sale - Land or conservation easement is sold to land trust for less than fair market value.

Right of First Refusal - The landowner agrees to grant the land trust the right to meet any bona fide offer to purchase the property.

Lease - Land is leased to a land trust or an individual for a specified period of years. Restrictions are placed on its use during that time period, effectively postponing development.

Deed Restrictions - Terms are placed in the deed to the property that restrict certain uses of the real estate by subsequent owners.

Mutual Covenants - Several landowners mutually agree to restrict their land. May not involve a land trust. Not necessarily permanent or binding on future owners.

Management Agreement - The landowner and the land trust enter into a generally informal contract concerning how the property’s natural resources are to be managed.

Registry Programs - The landowner enters into a legally non-binding agreement to protect the conservation values of his or her land, and the land trust recognizes the arrangement with a certificate, plaque, etc.

Landowner Contact - The land trust notifies the landowner of the unique conservation values of his or her property.