Conservation Easements FAQs
Q. What are conservation easements?
A. Conservation easements are special deed restrictions on private land that permanently transfer development rights to land trusts or other entities.
Q. How do they help me conserve my family’s land?
A. They permanently restrict certain types of land use that may damage its conservation values. Perpetual easements may also ease the estate tax on the property, which will allow the next generation in your family to continue to own and manage the land.
Q. How long does a conservation easement last?
A. Conservation easements are usually permanent with no end dates, but sometimes they are term easements for shorter periods of time, seldom less than 30 years. Term easements, however, do not have tax benefits associated with them.
Q. Can conservation easements be changed once they are final?
A. Amendments are only allowed in limited circumstances where the amendment would better protect conservation values (or at least not negatively affect them) or to clear up a clerical error that was made in the original easement. It is legally impossible to amend a donated easement in a way that would compromise conservation values.
Q. Will my property taxes be affected?
A. Although Missouri conservation easement laws allow for property tax adjustments, the final value of the adjusment resides with your local county tax assessor.
Q. Can I or my heirs sell my land after it has a conservation easement on it?
A. Yes, but certain uses may be restricted.
Q. Can I subdivide or build on the land when it has a conservation easement on it?
A. Depending on the land trust or government entity you work with, you may be able to retain some rights to subdivide or develop portions of the property in the future.
Q. How do I find out what the income and estate tax benefits of a conservation easement might be on my land?
A. Tax incentives are only provided when an easement is donated to a land trust or government entity because the IRS considers the value of the easement a “charitable contribution.” The value of the easement is based on the appraised value of the land, so a property appraisal will need to be completed. Once you know the value of the easement, your tax advisor can assist you with determining your tax benefits.
Q. How long does the conservation easement process take?
A. Once the landowner and land trust agree that a conservation easement is a good fit for both parties, drafting and finalizing an easement may take only two to three months.
Q. How much does the conservation easement process cost?
A. Placing conservation easements on property involves the same costs associated with closing any real estate transactions such as an appraisal, title search, title insurance and the recording of the easement on the deed. Other documents may be needed as well. In addition, the easement holder (land trust or government entity) is responsible for making sure the terms of the easement are upheld forever. Therefore, they will ensure that management funds have been provided before closing on the easement. Typically, the landowner provides these funds in the form of a “stewardship contribution,” but sometimes the easement holder will assist with grant writing or fund raising to help secure some of these funds. The easement holder will let you know what funds are needed early in your conversations.
Q. Can the land trust that holds my easement tell me what to do with my land?
A. You and the land trust will jointly determine the terms of the easement that satisfy both your goals and missions. If your goals are too different, you may want to seek another land trust that may be more aligned with specific conservation goals you have for your land. Once the easement is signed, the land trust’s job is to uphold the terms of the easement. Any changes to the terms of the easement will require a legal amendment. Easement holders don’t typically manage the land, but they sometimes may provide technical assistance to landowners who request it.
Q. Can the land trust that holds my easement come onto my property whenever they want?
A. Land trusts typically have the right to enter the property at any time to ensure protection of the conservation values. However, land trusts will usually schedule visits with the landowner. At a minimum, your land trust can be expected to visit you and your property at least once a year.
Q. How do I find a land trust in my area?
A. The Land Trust Alliance, a national organization that supports the 1,700 land trusts across the country, has a list of Missouri land trusts on its website. Please see their listing in "External Resources" below.
Q. Do I have to give the public access to my land?
A. No. Please see the next question/answer.
Q. How does the public benefit from conservation easements?
A. Conservation easements can protect farmland, forestland, streams and water quality in rapidly growing communities, or preserve important wildlife habitat in rural areas, all while keeping the land in private hands and allowing for timber harvesting, grazing, or other uses. Many studies have shown that conserving our rural lands enhances property values and helps local economies. Conservation easements do not automatically convey rights of public access, since control of the land remains with the landowner.
Q. Are conservation easements part of a governmental regulatory program?
A. No! Conservation easements and private land protection are voluntary and entered into only by landowners who choose to pursue them to meet their needs. As such, conservation easements are a voluntary, non-governmental mechanism for protecting forests, agricultural lands, watershed, and wildlife habitat while keeping them in private ownership. However, some government agencies may hold conservation easements for purposes of conserving natural resources without acquiring the land outright.
Q. What role does MDC play in private land protection?
A. Although MDC holds a few private land conservation easements that conserve high priority wildlife or natural areas, MDC’s primary role is to support land trusts that work in Missouri to help them accomplish this important mission. When landowners contact MDC inquiring about conservation easements, we usually refer them to their local land trust for more information. MDC is a member of the Missouri Land Trust Coalition.
