Conservation Corner: September 18, 2000

Conservation Easements: Part II
by James L. Cummins

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

It is important to note that the conservation organization which holds the easement does not actually acquire the rights donated by the conservation easement. Rather, the easement gives the organization the right and responsibility to monitor and enforce the restrictions placed on the property and ensure adherence to the easement document.

A third, but equally important aspect of the conservation easement process is the development of what is referred to as a baseline ecological assessment. This assessment is commonly conducted by resource professionals. It is an ecological "snapshot" of the property at the time of the conveyance. The baseline ecological assessment is important, in that it establishes and records the condition of the property, as well as the land uses that exist when the conservation easement is established. The baseline document is then utilized by the conservation organization, serving as the easement holder, to monitor the property and conditions that exist on the property through time.

Except for the restrictions described by the easement, the property owner retains all other rights which were conveyed when the property was purchased. Hunting, fishing, wildlife viewing and timber management can still be conducted. Conservation easements do not allow public access to the property.

The Uniform Conservation Easement Act prohibits use of the property where more than a minimum use of the property for a commercial recreational activity is allowed. When the owner of such property is not the owner of the surface estate and mineral interests, the tax benefits associated with the conservation easement shall occur if the probability of such surface mining occurring on such property is so remote as to be negligible.

When one places a conservation easement on a piece of property, the owner can be assured that the property will remain in a natural state forever. The property owner is rewarded by the fact that the easement will promote his or her conservation ethic while receiving immediate tax benefits.

Conservation easements are increasingly being recognized as a desirable tool for property owners interested in protecting their property. Through the efforts of private landowners we can be assured that Mississippi's cherished natural resources will be passed on to future generations.

For additional information on conservation easements send a self-addressed, stamped envelope to: Mississippi Fish and Wildlife Foundation, Conservation Easement Department, P.O. Box 10, Stoneville, MS 38776.

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.