How can I conserve my beautiful land from inappropriate use or development?
By working with a non-profit land trust, such as the Thousand Islands Land Trust (TILT), you can decide the future uses of your land.  You can select from a number of conservation tools.  They include: the donation of a conservation easement that permanently limits development and other uses; the outright donation of your property; the bargain sale of your property; and several other variations.  TILT can help you with this process and you should always seek legal advice before taking a final decision.

How can a conservation easement be tailored to my needs and desires?
An easement restricts development to the degree that is necessary to assure the significant conservation values of that particular property.  Sometimes this totally prohibits construction, and sometimes it does not.  You and a land trust, working together, can develop a conservation easement that reflects both your desires as a landowner and the need to assure conservation values.  Even the most restrictive easements typically permit landowners to continue the enjoyment of their land.

What is a conservation easement?
A conservation easement is a voluntary legal agreement between you, the landowner and a land trust or government agency.  The easement permanently limits uses of the land in order to assure its conservation values.  It allows you to continue to own and use your land and to sell it or pass it on to heirs.

When you donate a conservation easement to a land trust, you give up some of the rights associated with the land.  For example, you might limit the number of times your property may be subdivided for development.  Or you might give up the right to build additional homes, while retaining the right to build additional structures and recreational facilities related to your home.  Future owners also will be bound by the easement's terms.  The land trust is responsible for making sure the easement's terms are followed.

Conservation easements offer great flexibility.  An easement on property containing rare wildlife habitat might prohibit any development, for example, while one on a farm might allow continued farming and the building of additional agricultural structures.  An easement might permit limited development of the property.  Also, an easement may apply to just a portion of the property, and need not require public access.

A landowner usually donates a conservation easement, but sometimes the landowner may be able to sell an easement.  If the donation of the easement benefits the public by permanently assuring important conservation resources and meets other federal tax code requirements, it can qualify as a tax-deductible charitable donation.  The amount of the donation is the difference between the land's value without the easement and the value with the easement.  However, placing an easement on property has not resulted in property tax savings in Jefferson or St. Lawrence counties, based on TILT’s experience.

Perhaps most important, a conservation easement can be essential for passing land on to the next generation.  By limiting or removing the land's development potential, the easement may lower the land’s market value, which in turn lowers estate tax.  Whether the easement is donated during life or by will, it can make a critical difference in the heirs' ability to keep the land intact.

Why should I donate a conservation easement to TILT?
People donate a conservation easement because they love their land and want to be sure that their land is safe from inappropriate uses or development.  At the same time, they can maintain private ownership of their property.  Granting an easement to a conservation organization that qualifies under the Internal Revenue Code as a "public charity" - which TILT does - can yield income and estate tax savings.  Moreover, TILT has the expertise and experience to work with landowners and to ensure that the land will remain as the owner wishes.

What steps do I take to create a conservation easement?
First, contact the Thousand Islands Land Trust and become acquainted with our organization and the services we can provide.  (Telephone: 315.686.5345.)  Explore with us the conservation values you want to protect on the land.  Discuss what you want to accomplish, and what development rights you may want to retain.  For example, you may already have one home on your property and want to preserve the right to build some others.  That is one provision that must be specifically written into an easement agreement.  Always consult with other family members regarding an easement, and remember that you should consult with your own attorney or financial advisor regarding such an important decision.

How long does a conservation easement last?
Most easements "run with the land," committing  the original owner and all subsequent owners to the easement's provisions.  Only donations of perpetual easements can qualify for income and estate tax benefits.  The easement is recorded at the county records office so that all future owners will learn about the restrictions when they obtain title reports.

What are a land trust's responsibilities regarding conservation easements?
All land trusts, including TILT, are responsible for enforcing the restrictions that the easement document spells out.  Therefore, the land trust will monitor the property on a regular basis -- typically once a year - to determine that the property remains in the condition prescribed by the easement document.  TILT maintains written records of these monitoring visits, which also provide the landowner a chance to keep in touch with the land trust.  TILT has established a special investment fund to provide for long-term stewardship of the easements we hold.

Are there tax benefits associated with land protection?
There may be income or estate tax benefits for donating your land, donating a conservation easement, or selling the property as a "bargain sale" (at below market value).  The amount and type of tax benefit depends on a variety of factors, including the legal tool you use to conserve your land, the value of the donation, your income level and the total amount of your estate.  You should consult with a financial advisor and/or an attorney to fully understand the tax implications.  TILT can provide you with a variety of books and pamphlets that offer basic information on this subject.

Are conservation easements popular?
They are very popular.  In the decade between 1990 and 2000, the amount of land subject to conservation easements donated to land trusts increased more than fivefold to 2.6 million acres.  Landowners have found that conservation easements can be flexible tools, and yet provide a permanent guarantee that the land will never be changed in a manner inconsistent with their desires.  Conservation easements are used to conserve all types of land, including historical or cultural landscapes; scenic views; streams and rivers; waterfront; wetlands; wildlife areas; trails; farm land; and forests.