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Selling Conservation Easements
June 2002 article in The Florida Cattleman and Livestock Journal
 Hopefully, you had an opportunity to read my article on conservation easements in the May issue. You may recall my overview of the trend of selling development rights, known today as conservation easements, and their importance to landowners and cattlemen in Florida. So what does this mean to you and why should you think about a conservation easement?
In this article, I'll share with you some of the most commonly asked questions by landowners when considering this process.
Do I get to keep my land?
The simple answer is yes. When you are ready to sell a conservation easement to the government, you will maintain control and ownership of the property and will be compensated for the sale of the rights you agree to sell.
Are there other benefits in selling a conservation easement?
It has been my experience that the most important benefit landowners want is to be able to protect the land into perpetuity for future generations. A conservation easement may also lower the estate taxes for your heirs by maintaining agricultural classification of the land.
Another key benefit is that you maintain control and ownership and continue economic activity on your land. Plus, there are potential income tax advantages that we'll discuss in more detail in the next article.
What are the permitted uses of my land?
The permitted uses of the land are negotiated between the buyer, or recipient, and the seller and are designed to meet the needs of both. General uses include:
• Low intensity agricultural such as livestock grazing, timber and sod
• Limited housing units
• Subdivision of land into large tracts
• Recreational use such as hunting and fishing
Will the public have access to my land?
No, the sale of the conservation easement allows you to keep ownership of the land and the public will not have access to your land without your permission.
Can I sell my land with a conservation easement?
Yes, you may sell or lease the property with an easement, but all future owners must maintain easement requirements. Conservation easements are usually permanent (perpetual) and cannot be changed.
How much will I get paid?
The amount of money you will receive is based on the rights that you sell and the value of the land. The value of the conservation easement is calculated by taking the fair market value of the land and subtracting the value of the land with restrictive covenants. My team of professionals at Saunders Real Estate can assist you in this process and make the most of your land, money and business interests.
In the next article, we'll take a look at a few case studies and review possible tax implications that are important for landowners to understand in the planning process when selling a conservation easement.
Visit www.saundersrealestate.com and download your free copy of "SOLUTIONS: A Primer to Conservation Easements" or contact Dean at Saunders Real Estate at 863-648-1528 or toll free 877-518-LAND. ###
For more information, please contact:
Coldwell Banker Commercial Saunders Real Estate
863-648-1528
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