CONSERVATION EASEMENTS

Development pressure is growing steadily in the Catskill region. The national land trust movement is also gaining steam, and the public’s consciousness of land conservation in general, and the use of conservation easements in particular, is increasing rapidly. Many landowners are beginning to think about easements and estate planning. More emphasis is also beginning to be placed on conservation of working farm and forest lands (as opposed to focusing primarily on preservation of wild natural areas).

Conservation easements are one of the most powerful ways a private landowner can leave a land conservation legacy for the future generations. Easements are voluntary, permanent, legal agreements entered into by a landowner and a land trust, for the purpose of specifying development and land use restrictions that will protect the property’s open space values. A variety of important landscape features and values can be protected by conservation easements, such as natural areas and important habitat, water resources, scenic areas, or working lands such as farms and managed forests. Every conservation easement document is unique, tailored to the specific characteristics of each property. The Catskill Center will work closely with the landowner to discuss various options and decide what is best for the land in question.

Most conservation easements are designed to offer permanent protection of property - they run "in perpetuity", and are binding on all future landowners. Easements are recorded at the County Clerk’s Office, and run with the property’s deed. Easements result in a public benefit from the protections they provide to the environment, and there are financial incentives for donating an easement to a land trust. The primary incentive is state and federal income tax deductions for the value of the property rights that are given up, as determined by an independent appraisal. Easements can also help lower or eliminate estate taxes, helping landowner’s to pass land along to their heirs. There is currently no guarantee of property tax relief when donating an easement, with that decision up to each local assessor.

Conservation easements are enabled by state and federal law, and do not require local government approvals. Placing a conservation easement on your land does not mean that you are automatically granting the public the right to enter onto your land; it is still private property, and the easement does not prevent you from selling the land or passing it on to children. Easements can can only be extinguished by government condemnation (i.e. through an eminent domain taking), and can only be amended to correct an error or to add additional conservation protections. The Catskill Center can help a landowner through the process of donating an easement, however landowners are ultimately responsible for obtaining their own professional legal and tax advice.

When The Catskill Center or any other land trust accepts and holds a conservation easement, it is taking on the responsibility to monitor the property (generally with an annual visit), and enforce the terms of the easement in perpetuity. With each easement we are committing ourselves to a substantial amount of staff time and resources to negotiate and prepare the easement, and taking on the legal and financial obligation to uphold the terms of the easement. Therefore, The Catskill Center has established a policy of requesting a Land Conservation & Easement Stewardship Donation from all of our conservation easement donors. This is a one-time tax-deductible cash contribution that The Catskill Center will use for the long-term administration of our easement program. This financial support from the landowner (or another identified source) helps ensure our ability to take whatever actions are necessary to uphold the terms of the easement, and offers security that the easement will remain a lasting testament to the donor’s love of their land. The recommended amount of each donation depends on the size and location of the property, the complexity of the easement, and the easement donor’s giving ability. Even though a landowner is giving up something when they place an easement on their property, they are also exercising a very powerful ability to put their own permanent stamp on the land - one of the few ways to leave something truly enduring and meaningful in this world.

Click Here for The Catskill Center’s Conservation Easement Brochure (350Kb .pdf)

Click Here to read The Catskill Center’s Conservation Easement Acceptance Criteria (32Kb .pdf)

The Catskill Center is sponsor member of the Land Trust Alliance (LTA), and our organization has adopted the latest Standards and Practices for land trusts, as administered by LTA. Catskill Center land conservation staff routinely attends national and regional land conservation conferences sponsored by LTA, and other training workshops.

© Copyright - The Catskill Center for Conservation and Development, Inc.  ·  A private, not-for-profit, membership-supported organization founded in
1969 to help build healthy ecosystems and vibrant communities within the 6,000 square-mile Catskill Mountain region of New York State.

PO Box 504 · Route 28
Arkville, NY 12406
(845) 586-2611

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