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Conservation easements offer a private sector solution to the problem of vanishing ranchlands and natural habitats. They are tools which individuals and communities can use to ensure the availability of unbroken landscapes and natural areas for future generations.
A conservation easement is a voluntary agreement between a landowner and a qualified easement holder (such as the Southern Alberta Land Trust Society) that limits the amount and type of development which can occur on a property in order to preserve its natural character and agricultural potential. It can also set conditions that require a minimum level of rangeland and riparian health.
Granting a conservation easement has associated financial benefits, and can help landowners pass their property on to heirs or to new owners as a viable agricultural unit.
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Index of Sections
What is a Conservation Easement?
What are the benefits?
What happens after the Conservation Easement is granted?
Useful Information Downloads
What is a Conservation Easement?
When you think of owning a piece of land, you can think of it as a "bundle of rights." You may have the right to construct buildings,
irrigate the land, cut timber, subdivide, etc. A conservation easement is
a legal tool by which you voluntarily relinquish some of those rights, while
retaining title to the land.
The terms of conservation easements vary, as each agreement is tailored
to the specific landowner. However, all preclude subdivision and environmentally
damaging forms of development. Conservation easements are typically granted
in perpetuity and remain with the land regardless of ownership.
In most provinces, conservation easements have been made possible through
the enactment of specific legislation. Regulations differ between provinces,
but in general they require that a conservation easement's goals include
the preservation of the land's natural features, scenic values, and/or scientific
and educational potential.
The legislation lays out who is eligible to hold the conservation easement
you grant. In general, you have the choice of granting a conservation easement
to the crown, a municipality or certain registered charities. You can also
choose between granting an easement on all or a portion of your land.
What are the Benefits?
Conservation easements offer benefits to society in general by contributing immensely to the maintenance of open spaces and a healthy environment. They can safeguard watersheds and wildlife habitat, and preserve or maintain the natural landscapes that provide surrounding residents with clean air, clean water, agricultural products and scenic beauty.
Conservation easements also provide opportunities for landowners to meet their personal goals for agricultural and environmental stewardship, and financial security. The characteristics of conservation easements that can be especially attractive to ranchers and the ranching community include:
Conservation of rangelands and ranching communities:
- Easements conserve ranchlands by preventing conversion to non-ranching uses, maintaining agricultural opportunities for future generations.
- As ranching lands are maintained, so too are the rural community values and the agricultural heritage that depend on these lands.
Financial incentives:
- Landowners may qualify for an income tax deduction if the easement is a charitable donation.
- The appraised value of the property on which an easement has been placed may be lowered through the relinquishment of development rights, which can reduce capital gains when the land is sold or transferred.
- In certain circumstances, conservation easements can be sold to an eligible organization to reduce debt and to provide return for non-farming heirs.
Accommodation of landowners' concerns:
- Terms can be negotiated around the desires and needs of the landowner as well as the objectives of the participating organization.
- Protection can be provided for both the property's environmental and agricultural features.
Option to work with a private, local organization:
- Conservation easements are frequently administered by private organizations (many of which are locally-based and community-driven) who can bypass the unintended delays often associated with government agencies.
What happens after the Conservation Easement is granted?
The conservation easement document will describe several aspects of your future relationship with the grantee. It is important to note that SALTS is not interested in becoming the day-to-day managers of the easement property. What the agreement will specify are the terms for monitoring activities, enforcement options, access, proposed changes in land use, alteration of the agreement, and what will happen if the grantee is no longer able to hold the conservation easement.
Useful Information Downloads
There are some very good papers provided by the Environmental Law Center with funding from Ducks Unlimited and the Alberta Law Foundation. [Click to download - pdf format]
Other papers and sources which may be of interest are listed below.
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