Conservation Corner: September 11, 2000

Conservation Easements: Part I
by James L. Cummins

This is the first in a two-part series on conservation easements in Mississippi.

The conservation of important habitat types in the Magnolia State, such as longleaf pine savannas, upland and bottomland hardwoods, and areas adjacent to rivers and streams, plays an important role for Mississippi as well as our nation. The most important role it plays is for our children and grandchildren.

Conservation easements are one of the most landowner friendly conservation tools available for those wishing to preserve a particular conservation ethic on a specific piece of land. Easements enable a landowner to protect natural habitats on their property while, at the same time, taking advantage of potentially substantial federal tax benefits.

Mississippi is one of several states that has adopted a Uniform Conservation Easement Act. Under the Uniform Act, a landowner can place restrictions on the present and future uses of their property with the intent of preserving conservation practices.

Furthermore, the federal government, specifically the Internal Revenue Service, recognizes that the conveyance of a real property interest to a qualified conservation organization to accomplish a specific conservation purpose has potential public benefits and, as such, could qualify the owner for a substantial tax deduction. Wildlife Mississippi recently accepted a donation of an easement on 189 acres and the landowner took a $303,000 tax deduction!

The easiest way to understand conservation easements is to look at the basic rights that come with owning land. When a conservation easement is placed on a property, the owner may give up certain rights (e.g., developing the property, etc.). Restrictions on the property are specified in the easement document, the conveyance of which must be made in perpetuity in order to receive federal tax benefits. The easement document itself is a legal instrument that is signed and recorded in the county of record. Since the conservation easement runs with the land forever, the restrictions continue with the property, even after the landowner dies or sells the property.

There are three important aspects of conservation easements that must be met for the Uniform Conservation Easement Act.

First, the easement must meet a definite conservation purpose. The primary purpose, in most cases, would be the protection and/or restoration of primarily valuable fish and wildlife habitats.

Second, in order to qualify as a conservation easement under the Uniform Act, the easement must be granted to or beheld by a "qualified conservation organization," such as the Mississippi Fish and Wildlife Foundation.

James L. Cummins is Executive Director of the Mississippi Fish and Wildlife Foundation in Stoneville, Mississippi. Known as "Wildlife Mississippi," the Foundation is a non-profit, conservation organization founded to conserve, restore and enhance fish, wildlife and plant resources throughout Mississippi.