Protecting Your Land
Three Valley Conservation Trust provides expert assistance to landowners wishing to preserve the natural and/or agricultural values of their cherished lands. Do you own land that should forever remain free from development and undesired uses? Conserve your land forever with one of these options:
Conservation and Agricultural Easements
A conservation or agricultural easement is a voluntary legal agreement between you and a qualified organization − such as Three Valley Conservation Trust − that protects your land while you continue to own it, and beyond. The organization's duty is to uphold the terms of the easement in perpetuity.
A conservation or agricultural easement (referred to below as a "conservation easement" is a customized legal agreement that permanently limits certain uses of the land, or a portion of the land, in order to protect its natural and/or agricultural values. The landowner retains all other rights and may sell or transfer the land to heirs, but all future owners are bound by the easement's terms.
Donation of a Conservation Easement
A Conservation Easement is considered a qualifying charitable donation by the US Internal Revenue Service. Thus, the landowner may be eligible for a federal income tax deduction equal to the appraised valuation of the easement donation - the difference between the land's fair market value with and without the easement in place. (Click for tax scenario information and tax incentive brochure.) In addition, estate taxes could be reduced, making it easier for heirs to keep the property intact.
Bargain Sale of a Conservation Easement
Landowners placing their land under easement sometimes receive funding from certain federal and/or state funded competitive programs. These programs include:
Selling a conservation easement to protect your land with the Three Valley Conservation Trust at less than its fair market value may make the purchase affordable and provides tax benefits to you.
A bargain sale of your land is the ideal option if you need income from selling your land but would like the land to be protected. By selling your land at less than its fair market value, you receive cash, reduced capital gains tax, and a charitable income tax deduction for the difference between the land's fair market value and its sale price.
Donation of Fee Simple Property to the Three Valley Conservation Trust
- You transfer property to TVCT and secure a charitable income tax deduction based on the fair market value of the property
- You pay no capital gains taxes on the property appreciation
- You can apply the deduction for 50% of your adjusted gross income and carry it forward for up to 16 years*
*Subject to legislative change
Baseline Documentation and Annual Site Visits
The trust will determine the financial and management implications of each transaction and establish that it has or can raise the funds needed to monitor and enforce the easement. Once the land is under easement, monitoring will occur regularly, at least annually, in a manner appropriate to the size and restrictions of each property to that documentation, including reports, photographs, and maps, can be kept up to date.
TVCT administers several types of easements. Establishing an initial baseline depends on the conditions specified within the easement and those conditions are dependent on the type of easement. There are three main types of easements: conservation, agricultural conservation, and both agriculture and conservation purposes. For the Ohio Department of Agriculture (ODA) the preliminary document for an easement is called the Present Condition Report (PCR). For a conservation easement the document is called a Baseline Documentation Report (BDR).
The owner of an easement is always contacted prior to the expected day of monitoring so that they may accompany the monitors if they wish. Monitoring is mostly done by experienced volunteers. Teams of two go out into the field to take pictures, GPS coordinates, and keep reports of the property year after year. The key locations on the property that are usually documented include the property corners, boundaries, and around homesteads.
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