CONSERVATION CORNER
Conservation Easements, Part 1
by James L. Cummins

The conservation of wildlife habitat plays an important role for Mississippi as well as our nation. And more importantly, 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 have adopted a Uniform Conservation Easement Act. Under the 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 the conveyance of a real property interest to a qualified conservation organization to accomplish a specific purpose has 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 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 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 primarily hardwood habitats. Second, in order to qualify as a conservation easement under the Uniform Act, the easement must be granted to or be held by a "qualified conservation organization," such as the Mississippi Land Trust (www.misslandtrust.org).

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.

This column will be continued next week.

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. Their web site is www.wildlifemiss.org.