A conservation easement is a tool used to protect land from development that is detrimental to the property.  There are many land trusts and agencies throughout the state and country which hold conservation easements.  However, The Georgia Agricultural Land Trust, Inc., is the only group in Georgia who work solely with agricultural property.

What is a conservation easement?

A conservation easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits the uses of the land in order to protect its conservation value.  This legal agreement is completed in the form of a deed registered with the appropriate county.  The landowner retains all ownership of the land and is responsible for all bills associated with the land, i.e., property taxes, insurance, etc.  The land may be sold or passed through inheritance and the new owner is obligated to honor the specifics of the conservation easement deed.

How is a conservation easement processed with a land trust?

The interested landowner contacts a state approved land trust (a non-profit entity) to indicate his intent.  An application is completed and submitted to the Board of Directors of the land trust for approval.  Once the approval process is complete, a baseline documentation is created for the property.

How is the conservation value determined?

As part of the process to complete a conservation easement deed, an appraisal of the property is completed by a qualified appraiser with experience in conservation.  The property is valued first as an area of potential development and, secondly, as an area of conservation.  The difference between the two values becomes the value of the conservation easement.  This value can be reflected as a loss to the landowner when accounted for on federal income taxes pursuant to applicable IRS regulations.  The easement value of the land is recorded as a donation to a non-profit organization.

What is involved in a baseline documentation?

A baseline documentation has multiple sections, most of which are the responsibility of the landowner.  The landowner begins the process of an appraisal and title search.  In addition, a conservation plan written by the appropriate NRCS office and/or a Forest Stewardship Plan by the local Forestry Commission Office will need to be completed (both of these are free services).  A conservation easement deed is written and executed between the land owner and the land trust.  This detailed deed contains the guidelines regarding land use and future building.  Current residential acreage is excluded from the easement and a landowner may exclude one acre envelopes for future residential buildings, i.e., family homes.  Once all these items are completed, they are incorporated into one large binder and become the baseline documentation.  Two copies are provided to the landowner.

How is the conservation easement enforced?

The land trust holding the easement deed monitors the property periodically to ensure the rules defined by the conservation easement deed are maintained.  A landowner should also notify the land trust of any changes to the property to make sure the changes are with the guidelines of the original conservation easement deed.

What are the costs involved?

Typically there is a small fee for the original application to the land trust.  The landowner is also responsible for the appraisal and title search fees.  In addition, the landowner donates a fee to the land trust to be used for monitoring the property (known as stewardship) in future years.  This fee is usually a percentage of the conservation easement value as determined by the appraisal.