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Conservation Options for Private Landowners
Countryside Conservancy provides advice to
landowners who want to protect the natural
resources and beauty of their lands
forever. We work with private landowners to
find conservation solutions using the
following tools:
Conservation
Easement: a legal agreement between a
private landowner and a nonprofit
land-conservation organization such as
Countryside Conservancy. The agreement
permanently and legally restricts the types
of subdivision, development, and activities
allowed on a property. It is a powerful
tool for preserving the important natural,
scenic or recreational values of a property.
Under a conservation easement, the landowner
retains ownership of the land and all rights
not covered by the easement, while the
Conservancy takes on legal responsibility
for enforcing the easement restrictions.
A
conservation easement is a voluntary
initiative on the landowner's part. The
easement document itself is tailored through
discussions between the landowner and the
Conservancy, and is designed to protect the
values of the land in a way that reflects
the owner's needs and wishes.
The
landowner benefits from an easement through
the assurance that the important values of
the land will be protected permanently, even
after it passes into other hands. In
certain cases, the landowner can take a
Federal income tax deduction for donating a
conservation easement.
The
Conservancy holds conservation easements on
properties in three counties (see
Protected Lands
for information on our easement
properties). Nationwide, over 6 million
acres have been protected through voluntary
conservation agreements of this type.
Land
Donation: A landowner may donate title
to conservation-worthy land to Countryside
Conservancy. Donating land releases the
landowner from the day-to-day responsibility
of managing the land. The Conservancy will
work with the landowner to ensure that the
Conservancy has the resources to own and
manage the land as the landowner envisions.
The
Conservancy will consider acquiring lands
only if the owner wishes to sell and if
ownership seems to be the best way to
provide significant public benefit. To
date, most of the properties we have
acquired lie next to Lackawanna State Park,
and we manage them as public-access areas
that serve as virtual extensions to State
Park lands.
Donations of land may be made during the
landowner’s lifetime or by bequest.
Landowners who donate land to a conservancy
typically quality for a Federal income tax
deduction, and also avoid paying the capital
gains tax that usually results from a land
sale.
Remainder Interest: Landowners may
donate a remainder interest in land while
reserving a life estate for themselves.
This allows the landowners to continue
living on the land and using it during their
lifetime; ownership passes to the
Conservancy upon their demise. Giving a
remainder interest in land may qualify a
landowner for a Federal income tax
deduction.
Bargain Sale: Landowners may sell
conservation-worthy land to the Conservancy
for less than its market value in a “bargain
sale.” This option generates some income
for the landowner and may also qualify the
landowner for a Federal income tax deduction
for the donated value (the difference
between market value and sale price).
Countryside Conservancy can provide
landowners with information on other
conservation options for their lands, such
as:
Pennsylvania agricultural land
preservation program
“Clean and Green” (Act 319) preferential
property-tax assessment
The
Conservancy is always happy to talk to
landowners about conservation options for
their lands. Please call us at (570)
945-6995 or email
cconserv@epix.net to talk to any of our
staff.
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