what is a conservation easement

A conservation easement is a voluntary, legal agreement between a landowner and a qualified land conservation organization or a governmental entity to permanently limit the use of the land to protect its conservation values. The landowner retains ownership of the land, but the easement is part of the chain of title for the property and is recorded in local land records. The conservation easements purposes vary depending on the character of the particular property, the goals of the land trust or government unit, and the needs of the landowners. The easements purposes might include any one or more of the following: protecting wildlife habitat, open space, productive agricultural land, valuable family land, and other conservation values. The easements administrative terms for advancing the conservation objectives also vary but typically forbid or substantially constrain subdivision and other real estate development. The most distinguishing feature of the conservation easement as a conservation tool is that it enables users to achieve specific conservation objectives on the land while keeping the land in the ownership and control of landowners for uses consistent with the conservation objectives. Unlike land use regulation, a conservation easement is placed on property voluntarily by the owner whose rights are being restricted. The restrictions of the easement, once set in place, are however perpetual and potentially reduce the market value of the remaining ownership interest in the property. If donated, conservation easements may provide valuable tax benefits to landowners.