There are a number of ways you can protect your land from
unwanted development. You may give or sell the land to a
conservation group. This method has both advantages and disadvantages.
You are relieved of all responsibilities of ownership, including
management and property taxes, and can rest assured your
good stewardship of the land is upheld, but you no longer
own the land. If the land is either donated or sold to a
qualified conservation group at a reduced rate, the difference
between the full appraised value and the bargain price may
be considered a charitable donation and may therefore provide
an income tax deduction. If you want to permanently protect
your land while retaining full ownership, a conservation
easement may be the right choice for you.
A conservation easement is a voluntary agreement that allows
a landowner to limit the type or amount of development on
their land while retaining full ownership rights. The agreement
is signed by the landowner (easement donor) and the recipient
of the conservation easement (such as a land trust organization)
and is recorded at the County Register of Deeds. The agreement
applies to the present owners as well as all future owners
of the land. The conservation easement recipient agrees to
enforce the terms of the agreement forever.
People grant conservation easements because they want to
protect their land from unwanted development forever while
retaining ownership.
People who donate conservation easements may receive a federal
income tax deduction. The conservation easement must be considered
perpetual, meaning that it lasts forever. The amount of the
deduction is determined by the value of the conservation
easement, which is determined by the difference between the
fully appraised value of the land and the sale price of the
conservation easement.
The landowner is responsible for the appraisals and legal
fees, however, the Candia Conservation Commission may be
able to help with the costs incurred.
Landowners whose land is in current use already benefit
from a much lower tax rate on the land, however, the land
can be taken out of current use and developed at any time.
In order to permanently protect the land while retaining
full ownership, a conservation easement is needed.
Public access to the land is not allowed unless it is specifically
granted by the landowner in the terms of the easement.
Since the landowner retains full ownership rights to the
land, they can give away or sell the land. However, all future
owners are subject to the terms of the conservation easement.
To be eligible for a federal income tax benefit, a conservation
easement must be considered perpetual. The recipient of the
conservation easement agrees to monitor the land (usually
annually) to ensure the terms of the agreement are upheld.
No. Some conservation easements only cover a portion of
the landowner's property, depending on the wishes of the
landowner.
IRS regulations require that the land have "significant" conservation
values to qualify for a conservation easement. This includes
forests, wetlands, endangered species habitat, beaches, scenic
areas and other criteria. The recipient of the conservation
easement may also have its own criteria for accepting conservation
easements. Contact the Candia Conservation Commission or
the Candia Open Space Committee for more information.
If you would like to talk to someone concerning your plans
to conserve property here in Candia, please feel free to
contact Judi Lindsey in whatever way you find most convenient:
Telephone: 603-483-2171
info@candiaconservationcommission.org
| U.S. Mail: |
Candia Open Space Committee
c/o Judi Lindsey
822 North Road
Candia, NH 03034 |
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