Your Family Land: Legacy or Memory - Brochure

8/8/2019 Your Family Land: Legacy or Memory - Brochure

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An Introduction to the Family Land Protection Process

By Steve Broderick, Holly Drinkuth and Ruth Cutler

YOUR FAMILY LAND: LEGACY OR MEMORY?


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OVER TIME, MANY FARM AND FOREST OWNERS COME TO LOVE THEIR LAND: ITS FORESTS, FIELDS, AND

STREAMS, AND THE WILDLIFE THAT LIVE IN THEM. ALL ELSE BEING EQUAL, MANY WOULD LOVE TO KNOW

THAT SOME OR ALL OF THEIR LAND WILL REMAIN UNDEVELOPED AFTER THEYRE GONE.

THE FACT THAT YOURE READING THIS SUGGESTS YOU MAY BE ONE OF THEM.

If you choose to do it, protecting your land from development is a task

you certainly can accomplish. Virtually every case is do-able, and everyproblem solvable. It does require some planning and decision making,

however, so the sooner you start the better. Experience has shown thatthe number one obstacle to the protection of family land is pure and

simple procrastination.

The Appendix at the end of this booklet is filled with specific contactinformation of groups and programs, right here in the Quinebaug-

Shetucket Heritage Corridor, that can help. We at The Green Valley

Institute are always anxious to help, and available at any time at:

We look forward to hearing from you.

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[email protected]

[email protected] [email protected]

www.thelastgreenvally.org/gvi



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This booklet is designed for landowners who think they might want to permanently protectsome or all of their land from development, but arent sure where to start.

Its built around a simple set of steps you can take that, once completed, can put you on the path to a landprotection plan that accomplishes exactly what you want it to.

STEP 1 Get specific. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE STEPS ARE IN A SUGGESTED ORDER THAT YOU MAY FIND IT MAKES SENSE TO REARRANGE, DEPENDING ON YOUR SITUATION

AND THE OPPORTUNITIES THAT PRESENT THEMSELVES.

What is it that you want protected for future generations? What matters to you? Try to think in terms of protection goals, such as protecting water

resources, habitat for wildlife, preserving a scenic vista, and/or sustaining a working farm or forest. Some questions to ask yourself include:

Do you want an heir or heirs to someday own it, or do youprefer that a land trust or conservation organization own it?

Do you want to retain the land and exclusive use of it foryour lifetime, or doesnt that matter?

Do you want the public to be able to enjoy some or all ofyour land, or do you want it to remain private?

Could you benefit from income and/or estate tax benefitsavailable to those who voluntarily protect conservation

land during their lifetimes? Do you want all of the property kept from development, or

are some specific portions more important than others?

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Step 2 Learn some basics about land protection tools and options . . . . . . . . . . . . . . . . . . . . . . .Many folks assume they have just three options for the future of their land:

They can give it all away;

They can sell it all for development;

They can leave it as is to their heirs.In fact, these are just three options out of many, representing a wide range of income to the owner and protection of

important natural resources for future generations.

Perhaps the single most important land protection concept to understand is the notion of separable rights. This meansthat you as a landowner possess many individual, and separable, rights, which are bundled together in land ownership.

Examples include the right to hunt, to fish, to grow and harvest crops or trees, to build buildings and to subdivide theland according to town land use regulations.

As a landowner, you can choose to remove one or more of these rights from your bundle and still retain all the other rights you

currently have. A farmer who sells his/her development right to the State Department of Agriculture is a good example

of this principle in action. That farmer can no longer subdivide or develop the land, but can still do everything else he/shealways has, including farming the land, selling the land to another farmer, or willing it to heirs.

Land protection tools, then, come in 3 basic categories:

1. You retain ownership of your land but remove the right to build and/or subdivide. These tools

are known as conservation easements or conservation restrictions.2. You sell or gift the property itself to a government agency or non-profit conservation group.

3. You combine sensitive and limited development on a portion of the land with permanentprotection on the rest.

These tools can be used simultaneously, and/or in any combination. In addition, there are an increasingnumber of local, state and federal funding programs available for land protection. Which ones you might

qualify for will depend on the location and attributes of your land. To learn more, contact the Green ValleyInstitute or consult the Further Reading section at the end of this booklet.

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Many owners are torn between not wanting to see their land developed

and not wanting to disinherit children or other heirs. Usually, however, its not an either/or

situation, as some may believe. Creative planning and compromise

can allow for some measures of both.


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Step 3 Discuss your thinking with appropriate family members. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Step 4 Make some calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Lets assume youve thought through these first three steps. Youve developed a clearer idea of what you want to happen to your land, and in

general which of the three types of protection tools seem to make sense for you. If necessary youve talked things over with appropriate familymembers. Now its time to reach out and make some contacts. Which contacts you make, and in what order, will vary from one situation to

another. The most common ones include:

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Not everyone has immediate family members, and for some this step may not be necessary, or even desirable. Butfor many it is absolutely essential. Many a land protection effort has failed, or never gotten off the ground, because

family members either didnt communicate or couldnt agree. Getting things out on the table can relieve anxieties,reduce misconceptions and clarify just what differences of opinion really must be addressed.

Many owners are torn between not wanting to see their land developed and not wanting to disinherit children

or other heirs. Usually, however, its not an either/or situation, as some may believe. Creative planning andcompromise can allow for some measure of both. But the key is to open the lines of communication so the

planning process can begin. At some point, we all must face our own mortality. There is nothing unseemly ormorbid about having these discussions, but breaking the ice can be difficult.

1. The Green Valley Institute. We can answer specific questions

and help you pull a team of partners and advisors together thatcan work with you.

2. Your local land trust. Land trusts are non-profit organizations

run by local, conservation-minded volunteers. They exist topermanently protect and care for open space. Land trustscan help you explore funding programs, locate good legal

assistance, and much more. The map in Figure 1 shows localland trusts within the Quinebaug-Shetucket Heritage Corridor

and the towns where each one operates.

3. Your town Conservation Commission. These Commissions

exist to inventory and protect important open space as your

community grows. Often they can work with you and the

local land trust to help you realize your land protection goals.Your town clerk or annual town report can provide contact

information.

4. A conservation attorney. If you have a good attorney that youlike and trust, thats great. But be aware that some attorneys(even those who advertise estate planning services) may

not know much more than you do about the specific needs,opportunities and tax issues facing folks protecting their land. If

in doubt, ask your land trust or Conservation Commission for arecommendation.


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Step 5 Take stock of what you have . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

People who own thousands of dollars worth of stocks or mutual funds usually keep fairly close track of how healthy the

companies theyve invested in are, what kind of return theyre producing, and what risks they might be facing in the future.

Yet these very same people might own tens or even hundreds of thousands of dollars worth of land and timber, and yet know

almost nothing about it: how healthy the forest is, what the land and/or timber is worth, or even where the boundaries are.

Specifically, your land protection effort will likely require:

1. Accurate boundary information. This doesnt necessarily mean an expensive survey, but someone should know whereyour property corners are and how to find them.

2. A property appraisal. Certified general real estate appraisers can estimate the current market value of your land, as wellas the value of its development rights. This information isnt required early on, and may not be necessary at all. It will

eventually be needed, however, if you intend to take advantage of federal income tax deductions that are allowed for

conservation gifts or bargain sales.If some of your land is forested, a forest resource inventory can also be helpful. A certified professional forester canconduct one and alert you to such features as unique plant communities, valuable or productive timber stands, valuable

wildlife habitats, etc. This information enables you to make the best possible choices about what portions of your landmay be the most important to protect.

Your local Cooperative Extension office or DEP Service Forester can provide you with a listing of Certified ProfessionalForesters in your area (see For More Information).

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Step 6 Dont forget: NOW IS THE TIME!. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contrary to popular belief, protecting family land is not something to put off until justbefore you die. There are at least four good reasons why the time to do this is now:

1. If you should die unexpectedly without a plan, the state and/or your heirs will createone for you. Theirs may not look much like what yours would have.2. Significant income and/or tax benefits may be lost by waiting to protect land via last

will and testament. Good planning can save land now, save or earn you money nowand may save your heirs money later.

3. Peace of mind. If you keep thinking about this, you must want to do it. Actuallygetting it done changes that worry into pride and contentment.

4. Youre of sound mind at the moment. Who knows what tomorrow will bring?

For more information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Green Valley Institute is dedicated to:

Improving the knowledge base from which land use and natural resource decisions are made,

Building local capacity to protect and manage natural resources as our region grows.

The GVI is a cooperative venture of the Quinebaug-Shetucket National Heritage Corridor, the UConn College of Agriculture and

Natural Resources, UMass Extension, and numerous other partners.

The Green Valley Institutec/o The UConn Cooperative Extension System,Windham County Extension Center139 Wolf Den RoadBrooklyn CT 06234(860) 774-9600www.thelastgreenvalley.org/gvi

The Quinebaug-ShetucketNational Heritage Corridor107 Providence StreetPutnam, CT 06260(860) 963-7226

www.thelastgreenvalley.org


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The UConn Cooperative Extension System can

provide information on farm management, forest

stewardship, estate planning and other related

topics. Contact:

Windham County

Extension Center

139 Wolf Den Road

Brooklyn CT 06234

(860) 774-9600

Tolland County

Extension Center

24 Hyde Avenue

Vernon CT 06066

(860) 875-3331

New London County Extension Center

562 New London Turnpike

Norwich CT 06360

(860) 887-1608

www.canr.uconn.edu/ces

YOU CAN FIND ADDTIONAL INFORMATION THROUGH THE FOLLOWING

ORGANIZATIONS. CALL BY PHONE OR VISIT THEM ON THE WEB.

Cooperative Extension System

College of Agricultureand Natural Resources

The Connecticut Division of Forestry has a Public

Service Forester who can provide on-the-ground

forest stewardship information and assistance for no

fee. Contact:

Dick RaymondGoodwin State Forest

23 Potter Road

Hampton CT 06247

(860) 455-0699

[email protected]

http://dep.state.ct.us/burnatr/forestry

The Eastern Connecticut Forest Landowners

Association is a non-profit educational organization

run by forest owners for forest owners. Throughquarterly newsletters and workshops they provide

information and education on forest stewardship and

family lands protection topics. Contact:

ECFLA

P.O. Box 404

Brooklyn CT 06234

www.ecfla.org

Wolf DenLand TrustEAS

TERN

CONNEC

TICUT FOREST

LANDOWNERS

ASSOC IATION

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Lebanon

Woodstock

Killingly

Pomfret

Charlton

Ashford

UnionThompson

Mansfield

Plainfield

Preston

Coventry

Griswold

Oxford

Sturbridge

Voluntown

Brimfield

Canterbury

Eastford

Sterling

Norwich

Brooklyn

Dudley

Windham

Hampton

Putnam

Chaplin

Lisbon

Franklin

Scotland

WebsterSouthbridge

Sprague

Holland

East Brookfield

Town Boundary

Wolf Den Land Conservancy*

Avalonia Land Conservancy

Connecticut Forest andPark Association**

Dudley Conservation Land Trust

Greater Worcester Land Trust

Joshuas Tract Land Trust

Norcross Wildlife Foundation

Opacum Land Trust

Opacum Land Trust andCharlton Heritage Preservation Trust

Wyndham Land Trust

Wyndham Land Trust andNew Roxbury Land Trust

Local Land Trusts in The Quinebaug-Shetucket

National Heritage Corridor (see Land Trust Map

to the right).

Avalonia Land Conservancy

P.O. Box 49

Old Mystic CT 06372

(860) 887-6786

www.geocities.com/avalonialc

Charlton Heritage Preservation Trust

P.O. Box 92

Charlton Depot, MA 01509

(508) 248-5121

www.charltontrust.org

Connecticut Forest and Park Association: A

conservation organization and land trust which also

manages the 700-mile Blue-Blazed HikingTrail System.

Contact:Adam Moore

16 Meriden Road,

Rockfall, CT 06481

98600 346-TREE

www.ctwoodlands.org

Dudley Conservation Land Trust

29 Healy RoadDudley, MA 01571

508-949-2468

www.dudleyclt.org

Greater Worcester Land Trust

172 Shrewsbury Street

Worcester, MA 06104

(508) 795-3838

www.gwlt.org

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Miles

151052.50

*The geographical region

of the Wolf Den Land Trust

includes all towns located

within Windham County, Connecticut.

**The Connecticut Forest and Park Association

covers the entire Connecticut portion of the

Quinebaug-Shetucket National Heritage Corridor.

The Nature Conservancy owns protected land orholds easements within the Quinebaug-Shetucket

National Heritage Corridor.

Data shown map on were derived from

data courtesy of the Connecticut Department

of Environmental Proctection, Environmentaland Geographic Information Center, and the

Massachusetts Executive Offi ce of Environmental

Affairs, Massachusetts Geographic Information System.

This map is intended for planning purposes only, contains

no authoritative positional information, and is not suitable for conveyances.

N

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Land Trust Regions within the Quinebaug-ShetucketNational Heritage Corridor

continued

Legend


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Joshuas Tract Land Trust

P.O. Box 4Mansfield Center, CT 06250

(860) 429-9023www.joshuaslandtrust.org

The New Roxbury Land Trust

P.O. Box 98Woodstock CT 06281

(860) 928-9726

www.nrlt.org

The Norcross Wildlife Foundation

P.O. Box 269

Wales, MA 01081(413) 267-9306

http://www.norcrossws.org

Northern Connecticut Land Trust

P.O. Box 324Somers, CT 06071

(860) 684-5538www.northernctlandtrust.org

Opacum Land Trust, Inc.

P.O. Box 233

Sturbridge MA 01566(860) 347-9144

www.opacumlt.org

Wolf Den Land Trust

P.O. Box 404

Brooklyn CT 06234(860) 974-1991

www.ecfla.org/wdlt

Wyndham Land Trust

P.O. Box 302Pomfret Center, CT 06259

(860) 774-3493Funding Programs for Land Protection: Contact

Information

Federal Programs

U.S. Forest Service

Forest Legacy Program: purchases conservationeasements on important forestland threatened with

conversion to other uses. Contact:

Fred BormanCT Division of Forestry

79 Elm Street

Hartford, CT 06106(860)424-3630

http://dep.state.ct.us/burnatr/forestry

Natural Resource Conservation

Service (NRCS)

Farmland and Ranchland Preservation Program:purchases conservation easements on prime,

unique or other productive soils for the purposes of

limiting conversion tonon-agricultural uses of the land. Contact:

Kip Kolesinskas, Natural Resource

Conservation Service344 Merrow Road, Suite A

Tolland, CT 06084-3917(860) 871-4011

www.ct.nrcs.usda.gov/sign-up-programs.html

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State Programs

CT Department of Agriculture

Farmland Preservation Program: purchases

development rights on existing working farms with

significant prime or productive farm soils.

Contact: J. DippelCT Department of Agriculture PDR Program

165 Capitol AvenueHartford, CT 06106

(860) 713-2511www.ct.gov/doag

CT Department of Environmental Protection

Recreation and Natural Heritage Trust Program: acquires

land adjacent to existing state land or other large

tracts that meet specific criteria.

Contact: Suzanne M. Barkyoumb

DEP Division of Land Acquisitions and Management79 Elm Street

Hartford, CT 06106

(860) 424-3016http://dep.state.ct.us/rec/openspace/rnhtp.htm

CT Department of Environmental Protection

Open Space and Watershed Land Acquisition Program:

provides grants to municipalities and land trusts toprotect important land and water resources.

Contact: Dave Stygar

DEP Land Acquisition Unit

79 Elm Street

Hartford, CT 06106(860) 424-3016

http://dep.state.ct.us/rec/openspace/opensp31.htm

Non-Profit Organizations

The Nature Conservancy:

TNC works with willing landowners to preserve lands

important to the conservation of biological diversity,

with particular focus on two specific regions withinthe QSHC.

http://nature.org

Contact:Holly Drinkuth

Quinebaug Highlands Project Director

139 Wolf Den Road

Brooklyn, CT 06234

(860)[email protected]

Kevin EssingtonPawcatuck Boderlands Project Director

391 Norwich-Westerly Road

P.O. Box 250North Stonington, CT 06359

(860) 535-1355

[email protected]

Connecticut Farmland Trust:

CFT assists landowners with protection of agricultural

land by raising private funds to match with public

funding in acquiring conservation easements.

Elisabeth Moore77 Buckingham Street,

Hartford, CT 06106(860) 247-0202

www.ctfarmland.org

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Connecticut Audubon:

Accepts land or easements adjacent to their existing

wildlife sanctuaries in Hampton and Pomfret.

Contact:

Sarah Heminway, Director

Connecticut Audubon

P.O. Box 11Pomfret Center CT 06259

928-4948www.ctaudubon.org/visit/pomfret.htm

Further Reading

A Landowners Guide to Conservation Options . The

Nature Conservancy. 28-page brochure available

from The Land Trust Service Bureau, 55 High Street,Middletown CT 06457. (860) 344-0716.

Conservation Options: A Landowners Guide. TheLand Trust Alliance, 1331 H Street NW, Suite 400,

Washington DC 20005-4711. (202) 638-4725 or

www.lta.org

Preserving Family Lands: Essential Tax Strategies for the

Landowner. Stephen J. Small. A three-book series

available for $14.95 each from Preserving Family

Lands, P.O. Box 2242, Boston MA 02107 orwww.stevesmall.com

The Landowners Guide to Conservation Easements.

Steven Bick & Harry L. Haney, Jr. Kendall/HuntPublishing Company, 4050 Westmark Drive Dubuque,

Iowa 52002. 179 pages.

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Graphic Design by Susan Schadt, University of Connecticut


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Cooperative Extension System

College of Agricultureand Natural Resources

The Green Valley Institute is an educational partnership of:

workingwith

The Green Valley Institutec/o University of ConnecticutCooperative Extension System139 Wolf Den RoadBrooklyn, CT 06234

Documents

Your Family Land: Legacy or Memory - Brochure