No. By signing the conservation easement, you are agreeing to be a good steward of your property. LPOSC is required by law to monitor your property once a year to ensure the mutually accepted terms of the easement are being complied with. We will contact you in advance of this site visit so that you know we will be visiting your property, and you are always welcome to join us during that visit.
No. Public access to your property is entirely up to you. If you wish for your land to be public, that may be stated in the terms of the conservation easement agreement, but the easement itself does not mean that your land becomes a public access area.
Yes! You remain the sole owner of the property with the right to sell it, and the easement will permanently be attached to the property, regardless of ownership. The new landowner will be subject to the same restrictions of the conservation easement that you were.
No. However, LPOSC will likely only accept easements that prohibit large-scale subdivision and development for mining, non-agricultural commercial, and industrial uses. They do not have to ban all future development. Conservation easements are intended to be flexible enough to permit limited residential development, as well as permit working family farm and ranch operations. The terms of an easement are decided by the landowner, but the land trust will only assume management if it meets requisite standards for conservation.
Yes! You remain the owner of your land. Your conservation easement is developed specifically for your needs and goals in owning, working and living on the property. You voluntarily work with the conservancy to choose limits to the development of your land. Your property does not become government property.
A conservation easement is a permanent agreement between the landowner and the conservancy, and remains attached to the land regardless of the owner. The easement is recorded at the County Clerk and Recorder’s office, and is federally recognized in order to qualify for tax benefits.
Landowners who love their land choose to donate a conservation easement in order to permanently protect their land from inappropriate development while continuing to own the property. Each conservation easement in developed specific to a landowner’s needs and wishes, and is legally written to accommodate those needs while best protecting the resources of the land. Additionally, donating a conservation qualifies under the Internal Revenue Code as a “public charity”, which can entitle donors to significant tax savings.
As a local charitable organization, the conservancy is closely tied to its community and understands the needs of its landowners as well as the greater community. Also, the nonprofit tax status of the conservancy offers many tax benefits to donors of conservation easements, land, and in-kind and monetary gifts. When it comes to protecting resources, a conservancy can be more flexible and act quicker than public agencies because it is a private organization.
As a local, charitable organization under federal tax laws, a conservancy works directly with landowners by accepting donations of conservation easements in order to permanently protect open space, wildlife habitat, recreational parks, agricultural lands and historic/archaeological resources for the benefit of the community.
No, a conservancy is an independent, private organization that works directly with private land owners in order to protect their land.