Conservation Corner: December 24, 2001

Conservation Easements
by James L. Cummins

The conservation of important habitat types, such as hardwood trees, play an important role for Mississippi as well as our nation. Conservation easements are one of the most landowner friendly conservation tools available to preserve a particular conservation ethic. Easements enable a landowner to protect habitat while at the same time, taking advantage of federal tax benefits.

The federal government, specifically the Internal Revenue Service, recognizes that the conveyance of a conservation easement to a qualified conservation organization has potential public benefits and as such could qualify the owner for a substantial tax deduction.

The easiest way to understand conservation easements is to look at 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, which must be perpetual in order to receive federal tax benefits. The easement document is a legal instrument that is recorded in the county of record.

There are three important aspects of any conservation easement that must be met. First, the easement must meet a definite conservation purpose. The primary purpose, in most cases, would be the protection and/or restoration of important habitats. Second, in order to qualify for a conservation easement, the easement must be granted to or beheld by a "qualified conservation organization," such as the Mississippi Land Trust. 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. It is an ecological "snapshot" of the property and records the condition and uses of the property.

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

When one places a conservation easement on property, the owner can be assured that it 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. Through the efforts of private landowners we can be assured that Mississippi's cherished natural resources will be passed on to future generations.

For more information on conservation easements, contact the Mississippi Land Trust, P.O. Box 23, 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.