Conservation Easements

A conservation easement—a voluntary agreement between a landowner and a qualifying organization that permanently limits uses of the land to protect its conservation values—is one of many legal tools available to preserve land. Property receives protection but remains in private ownership, under private control.

Typically, the landowner and the easement holder identify the conservation values of the property, then decide which uses and activities should be restricted, ensuring those values will be protected forever. In essence, by granting a conservation easement, a landowner conveys the rights to certain uses of his or her land. 

Each conservation easement is as unique as the property it protects and the landowner who conveys it. A conservation easement can protect the natural features of your property and guarantee that your land will never be subdivided, or it can limit the number of houses built on it or meet other conservation goals. Conservation easements now protect millions of acres of private land, in every state in the country.

Why do landowners put conservation easements on their property?

Love of their land motivates most landowners to convey conservation easements, which allow  a high degree of flexibility in determining the use of the land after it's sold or passed on to future generations.

There are also certain tax benefits that accompany conservation easements. For instance, by donating a conservation easement, landowners may be making a tax-deductible charitable gift. The value of the gift would equal the difference in the appraised value of the property before and after the conservation easement. Congress recently extended, through 2009, an expanded federal tax incentive for conservation easement donations. In many cases, a conservation easement will also result in lower real property and estate taxes, which may make it easier to keep the land in the family.

What conservation easement services does Openlands Land Preservation provide?

• Landowners who would like to protect all or certain portions of their land can donate a conservation easement to Openlands, which serves as the permanent caretaker of the easement and ensures that its restrictions continue to govern use of the land long after the landowner is gone.
• Landowners who are interested in conveying a conservation easement to other organizations can rely on Openlands as a consultant to guide you through the process, help negotiate terms, and answer questions along the way.

Examples of our conservation easement work include:

• Raceway Woods
• Old Wayne Golf Course
  

For more information, please contact Openlands Land Preservation Specialist Emy Brawley via e-mail or by phone at 312-863-6274.

Openlands 25 E. Washington St., Suite 1650, Chicago, IL 60602
312-863-6250 | 312-863-6251 (FAX)
info@openlands.org

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