Conservation Easements

For many Mississippi landowners, their property is more than a financial asset; it is part of the history of their family, their community and their state.

Because of its diverse soil types, the habitats of Mississippi are unique. Mississippi is blessed with a rich natural heritage. From the prairies of the east to the red clay hills to the bottomlands and bayous in the west to the longleaf pine forests and scenic rivers and streams of the south, Mississippians own approximately 75% of the state's land. But the Mississippi landscape is changing. Today, about 80 percent of all Mississippians live in cities and towns, compared to about 25 percent 50 years ago. As our urban population grows, they are steadily displacing natural habitats and scenic open spaces.

The Mississippi countryside is changing too. One of the most significant factors affecting our landscape is the continued breakup of family-owned farms. Family-owned farms, plantations and recreational lands are affected by changing economics and the increasing tax burden of owning property. Passing on a family farm or plantation to the next generation is a time-honored tradition in Mississippi. However, estate taxes, which can be as high as 55 percent of an estate's total value, may force heirs to sell all or part of a family property.

This guidebook is intended to help Mississippi landowners understand one of the most flexible and effective means available to conserve and protect private property - the conservation easement. A conservation easement is a legal agreement that ensures a property will be managed according to the landowner's wishes for years into the future and may also qualify the landowner for tax benefits. Every conservation easement document is individually crafted and reflects the special qualities of the land protected and the needs of the landowner.

Conservation easements can assist landowners in protecting their farm or ranch land, wildlife habitat, a scenic vista or historic buildings. Conservation easements can be tailored to meet a landowner's specific needs, whether he or she owns 3,000 acres in the Delta or five acres in the red clay hills.

What Is a Conservation Easement?
Why Use a Conservation Easement?
What is the Uniform Conservation Easement Act?
Frequently Asked Questions about Conservation Easements
Financial Benefits of Conservation Easements
Federal Income Tax Deduction
Estate Taxes
Local Property Taxes
Land Trusts
What Next?
Appendices

Photos by Michael Kelly