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1. CONSERVATION EASEMENTS:
Retain ownership and protect your land. >>
2. Voluntary Land Conservation a Growing
Trend
in the Upper Peninsula >>
Conservation Easements: Retain
Ownership and Protect Your Land
What is a Conservation
Easement?
A conservation easement
is a legal agreement between you and a land trust or conservation
group which places restrictions on the land use in perpetuity.
An easement is a practical way to protect property, and retain
ownership. |
Conservation Easements
are flexible tools, rather than land locking instruments.
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What uses might be permitted?
Agriculture, forestry, wildlife management, and outdoor recreation,
such as hunting and fishing are examples of activities which may
be allowed. Your home or cottage property will be protected from
future development but remain available to your family forever
for living or recreation.
Does a conservation easement cover a person's entire property?
No. You can place all or a portion of your property under
easement.
Does a conservation easement give public access?
Not necessarily. You decide whether or not to allow public access.
Does a conservation easement restrict your ability to sell
or gift the property in the future?
You can sell or bequeath property that is protected with a conservation
easement. Since easements are permanent, the restrictions run
with the land and all future owners.
Financial Benefits
A donation of a conservation easement can result in significant
income tax, estate tax, and property tax benefits. Contact the
CLSLC for more information on how conservation easements can create
tax benefits.
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Voluntary Land Conservation a Growing
Trend
in the Upper Peninsula
The desire to voluntarily protect private land is at an all time
high in the United States, according to the "National Land
Trust Census" which was completed in December of 2001 by
the Washington, D.C. based Land Trust Alliance. Since 1990, the
total number of non-profit land trusts has grown from 887 to 1263,
a 42% increase. For the first time, open-space has been protected
in all 50 States.
Regionally, the Upper Peninsula has seen the creation of five
new land conservancies in the last decade: the Flintsteel Restoration
and Friends of the Porcupine Mountains Conservancy on the west
end; the Keweenaw Land Trust and Northwoods Conservancy on the
Keweenaw; the Yellow Dog Watershed Preserve in Big Bay; the Central
Lake Superior Land Conservancy in Marquette; and the Algoma Highlands
Conservancy in Sault Ste. Marie. The Nature Conservancy has also
been more active in the UP, and recently established a regional
office in downtown Marquette. The TNC works peninsula wide, and
also has a seasonal field office in the Keweenaw.
Each conservancy is different in their mission and area of concentration.
Some focus directly on protecting habitat around a specific natural
feature, while others define their operating area by county or
region. For instance, some conservancies limit their activity
to a single river, lake or watershed, while the Central Lake Superior
Land Conservancy will consider parcels anywhere in the central
Upper Peninsula, provided the parcel meets the conservancy's criteria
for protection. To meet the Central Lake Superior Land Conservancy's
criteria of protection, a property must posses one of these qualities:
scenic quality (view-shed), undeveloped land, wetlands, shoreline
habitat, plant and animal habitat, endangered or threatened species,
recreational value, or historic relevance.
The most frequently used tool by local land conservancies is
a conservation easement, which is a legal restriction placed voluntarily
by private landowners on their property to protect it according
to their desires. The Central Lake Superior Land Conservancy recently
acquired an easement from a couple who own an entire lakeshore
and 200 acres in southern Marquette County. The couple wants to
ensure that their camp and its natural surroundings will remain
intact and undeveloped in perpetuity. In their case, the motive
for establishing the easement was to memorialize the parcel in
honor of a deceased son.
An agreement is established between the land owner and a conservancy
which places a permanent conservation easement on the land owner's
property. The conservancy owns the conservation easement and becomes
a steward of the land and monitors and enforces the terms that
the easement defines. If the parcel is sold or passed on, the
new landowner is obligated to abide by the terms of the conversation
easement. A donation of a conservation easement can result in
significant income tax, estate tax, and property tax benefits.
According to Jim Cantrill, president of the Central Lake Superior
Land Conservancy, "The job of a land conservancy is to be
a vehicle through which property owners can exercise their right
to protect their property."
Cantrill adds, "I encourage owners of unusual parcels of
land to contact their local conservancy and discuss the possible
advantages of using a conservation easement to protect their investment."
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