A conservation easement is a legal agreement between a landowner and a land conservancy or government agency that permanently limits uses of the land to protect its agricultural or conservation values.
We conserve land through conservation easements. While primarily focused on Santa Clara County, LTSCV is also working to establish a presence in San Mateo County to address service gaps in coordination with other conservation agencies.
hOW WE pROTECTWhen a farmer or rancher donates a conservation easement to a land conservancy, they give up some of the rights associated with the land. For example, they might give up the right to build additional structures, while retaining the right to grow crops. Future owners also will be bound by the easement's terms in perpetuity. LTSCV is responsible for making sure the easement terms are followed. In Santa Clara County, most agricultural conservation easements have been purchased rather than donated from the landowner. In these cases, the landowner receives payment for the appraised value and can use those funds in whatever way they choose.
Conservation easements offer great flexibility. For example, an easement on property containing wildlife habitat might prohibit development, whereas an easement on a farm might allow continued farming and the building of additional agricultural structures. An easement may apply to just a portion of the property, and need not require public access. If the donation benefits the public by permanently protecting 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 with the easement and its value without the easement. |
Where we protect |
Conservation easements allow owners to continue to own and use their land, and to sell or pass it on to heirs. These easements ensure land passes on to the next generation. By removing the land's development potential, the easement lowers its 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 heir’s ability to keep the land intact. A landowner often decides to sell a conservation easement rather than donating it. LTSCV owns about 220 acres of land outright and currently seeks landowners with prime agricultural lands that they would like to keep farming.
