Natural ResourcesNatural Resources

Government AgenciesGovernment Agencies

Term: Easement

• Define: Easement

• Go to www.landtrustva.org

• Go to the “About Conservation Easements” tab.

• What does a conservation easement do?

Conservation Easements

• Easement: A right held by someone to use land belonging to someone else for a specific purpose

• Conservation Easements prevent a parcel of land from being developed– usually indefinitely– some are written for a specific period of time

• Landowner maintains the title• If sold in the future, easement goes with the land

Sources of Easements

• Private land trusts: usually land is donated– Land Trust of Virginia– Virginia Outdoors Foundation– The Nature Conservancy

• Non-common Open Space: 85%– Required of subdivisions of 30 acres or

greater in RA & RC zoned areas

• PDR- County buys the right to develop

PDR

• Purchase of Development Rights: Under a PDR program, a landowner voluntarily sells his/her rights to develop a parcel of land to a public agency or qualified conservation organization.

• Owners sell the right to develop to raise cash or make improvements to property

• Budget will be cut 50% next year

Who owns the land?

• The original owner maintains title to the land

• He sells (or donates) his right to develop it (break it into smaller parcels).

• Putting any easement on land decreases its market value.

• If you donate your land you write that loss off of your taxes

Process

• Apply for PDR or Easement donation

• Land is appraised

• Land is accepted or declined based on likelihood of development

• Requires legal expertise

• Requires closing costs

• Expenses are tax deductible

Advantages & Disadvantages

• Land permanently preserved

• May have financial benefits

• Your property decreases in value

• You can’t undo it if you change your mind

• More complicated if you have a mortgage

• Easement holder maintains right to monitor property

Agriculture Land Use Valuation

• Special property tax rates for land used for agriculture or forestry

• Tax rate is based on “use” rather than market value

• Taxes deferred annually (apply in Jan & Feb)

• If you sell or stop producing you owe “rollback” taxes – difference between the use tax and the assessment tax rate

Types

• Forestry – minimum 20 acres forested– Must have 40% stockage:

• 400 seedlings or 21 trees 15” dbh per acre• Or inaccessible or adverse site

• Agriculture/Horticulture – min of 5 acres– Must have been in production for 5 years– Must have sales averaging over $1,000/yr for

the last 3 years– Minimum of animal units per acre per month

Cost share programs

• Funded by the 2008 Farm Bill

• Managed by the local Soil & Water Conservation Districts, the Department of Forestry, and the USDA

CREP – Conservation Reserve Enhancement Program

• Shares cost of planting riparian buffers along streams

• Fencing livestock out of riparian areas

• Building alternative livestock water access

• Pays 75% - 100% of costs

• Continuous sign-up

CRP – Conservation Reserve Program

• Plant long term cover crops on highly erodible land

• Pays cost share of the cover crop or forest

• Pays rent on the land

• Fixed sign-up periods

• Make a contract for 10 – 15 years

• Cropland must have been in production for 2 of the 5 most recent years

Conservation Security Program (CSP) & Environmental Quality Incentive Program

(EQIP)

• Financially rewards stewardship and sustainability

• Only for lands in priority watersheds

• Land must be in use for livestock or crop production

• Contract payments are made for conservation treatments or practices