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Land Preservation
Land Preservation Options
Questions and Answers on Conservation Easements
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Land Preservation Options

Acquisition of Land by the RLT

Two options are available to a landowner if transfer of land to the Rensselaer Land Trust is desired. These involve the transfer of title, which can take place immediately or in the future.

  1. The RLT can take full title to land in any of the following ways:
    • Donation, including gift or bequest. The RLT is a tax-exempt organization, and therefore donations and bequests are deductible as allowed by law. A donation may be spread out over time, for example a portion each year for as many as three consecutive years.
    • Purchase at less than market value, also called "bargain sale." In this instance, the difference between the sale price and an independently determined appraised value of the property may be tax deductible.
    • Purchase at market value. Land acquired by The RLT may be held permanently or may instead be transferred to another qualified conservation organization, to a governmental entity, or to an individual.
  2. The RLT can acquire land with "less than full title," while the former owner or another party retains certain specified legal rights to the property. Examples of land acquired with less than full title include a former owner or other party retaining water, timber, and/or mineral rights; specified access to the property; lifetime use of land; right of reversion (i.e., return of title to previous owner if terms of donation are not met). The previous owner may set deed restrictions on how the land is to be used in the future by the RLT.

Conservation Easements to the RLT, the preferred method

A different and equally important method of land preservation involves a landowner granting a conservation easement to the RLT. A conservation easement is an agreement to preserve land in perpetuity by limiting the activities that can occur on the property. Although filed like a deed, an easement does not transfer land ownership, but rather spells out a landowner's commitment to protect permanently the existing character of the property. The RLT will work with a landowner to prepare an easement that meets the landowner's needs and interests, while also fulfilling the RLT's conservation objectives. For example, the landowner might retain the right to limited subdivision or building construction or to manage forests, graze animals, plant crops, or permit public access to the property. The RLT assumes responsibility to monitor and enforce compliance with the conditions of an easement.

For further information about easements, please request the RLT's publications: Model Conservation Easement, and State Law on Conservation Easements.