How SVLC Conserves Land
Conservation Easements
A conservation easement is a legal agreement between a landowner and a land conservancy (a private, non-profit organization) or government agency that permanently limits uses of the land in order to protect its conservation values. It allows the owner to continue to own and use their land and to sell it or pass it on to heirs.
When a farmer or rancher donates a conservation easement to a land conservancy, they give up some of the rights associated with the land. For example, they might give up the right to build additional structures, while retaining the right to grow crops. Future owners also will be bound by the easement's terms. The land conservancy is responsible for making sure the easement;s terms are followed.
Conservation easements offer great flexibility. An easement on property containing rare wildlife habitat might prohibit any development, for example, while one on a farm might allow continued farming and the building of additional agricultural structures. An easement may apply to just a portion of the property, and need not require public access. If the donation benefits the public by permanently protecting important conservation resources and meets other federal tax code requirements--it can qualify as a tax-deductible charitable donation. The amount of the donation is the difference between the land's value with the easement and its value without the easement.
A landowner often decides to sell a conservation easement rather than donating it. Currently, SVLC is seeking land owners with prime agricultural lands that they would like to keepfarming. If you are aware of a landowner in this situation, please call Craige Edgerton, Executive Director, at 408-260-3044, to see if that particular piece of land qualifies.
Also, conservation easements can be essential for passing land on to the next generation. By removing the land's development potential, the easement lowers its market value, which in turn lowers estate tax. Whether the easement is donated during life or by will, it can make a critical difference in the heir’s ability to keep the land intact
Silicon Valley Land Conservancy currently owns four separate agricultural conservation easements that have protected 1150 acres and one critical habitat conservation easement protecting 206 acres.
Fee Ownership
Partnerships
Public Outreach and Education