Transcription of CONSERVATION EASEMENTS AND TAX BENEFITS
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CONSERVATION EASEMENTS AND TAX BENEFITS
CONSERVATION EASEMENTS AND TAX BENEFITSByJessica E. Jay, , Meadowlark DriveEvergreen, CO 80439 Phone: 303-674-3709 Fax: 2010 CONSERVATION LAW, All rights reserved-2- CONSERVATION negative easement in gross with affirmative obligationsenables theowner of theeasementto prohibit or require a limitation upon or an obligation to perform acts on orwith respect to the land owned by the grantor appropriate to the retaining or maintainingof such land; legally binding agreement that permanently restricts the development andfuture usesof the subject property in order to protect certain CONSERVATION values; property right that is less than fee generated by a non-possessory interest withaffirmative obligations and negative easement implications surrounding a parcelof landand created by a deed conveyance that is executed with the same formalities associatedwith other forms of real estate of CONSERVATION about CONSERVATION of land is given up with CONSERVATION easement; encumbered by a CONSERVATION easement can not be sold, mortgaged,orpassedonto future generations; access generally is required once you grant a CONSERVATION easement; cannot be sold, or sold and arenotinterests in real property that can be used in tax-free,like-kind Qu
3. A “qualified conservation organization” is either a: a. A qualified, tax-exempt 501(c)(3) charitable organization, which must generally be in the land conservation field or have a mission of land conservation, or b. A governmental entity (26 USC §170(h)(3)), and c. With the resources and commitment to protect the conservation values of
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