Land Preservation
Conservation Easements |
 If
you have any questions, concerns, or interests in any of these different
financial enhancing preservation tools please contact Jimmy Wohl
and he will be happy to assist you in properly managing and/or implementing
one of these unique programs. Jimmy is well educated and experienced
in dealing with land preservation techniques, and was nationally
recognized by the National Cattlemen’s Association,
winning the Environmental Stewardship Award in 1994, while managing
Rafter T Ranch, a privately owned cattle ranch.
What is a Conservation Easement?
A conservation easement is a legal agreement voluntarily entered into
as a property owner and a qualified conservation organization such
as a land trust or government agency. The easement restrictions vary
greatly; however, most easements contain permanent restrictions on
the use or development of land in order to protect its conservation
values and environmental integrity.
Why Landowners enter into Conservation Easements
Landowner motivations to acquire conservation easements are diverse.
Most landowners hold a deep appreciation for wildlife, and an easement
protecting habitat, displays concern for wildlife’s future.
There may be a concern that development has gone too far. There may
be additional interests to retain limited development rights for
family use or for future income generation. Conservation easements
can be structured to address any of these interests.
Advantages offered by Conservation Easements
Private Ownership- The property remains in private ownership and continues
to contribute to the local tax base. The landowner may choose to live
on the land, sell it, or pass it on to heirs.
Flexibility- Easements are flexible and
can be written to meet a specific landowner’s
needs while protecting the property’s wildlife
resources.
Permanency- Most easements are permanent, remaining in force when the
land changes hands. The easement holder ensures that the restrictions
are followed.
Estate Taxes- Estate taxes are significantly lower, sometimes making
the difference between heirs holding onto the family land or selling
it to pay inheritance taxes.
Property Taxes- Conservation easements will sometimes lower property
taxes, a result of reduced valuation on property subject to the conservation
easement.
If you have any questions, concerns, or interests in any of these
different financial enhancing preservation tools please contact Jimmy
Wohl and he will be happy to assist you in properly managing and/or
implementing one of these unique programs. Jimmy is well educated
and experienced in dealing with land preservation techniques, and
was nationally recognized by the National Cattlemen’s Association,
winning the Environmental Stewardship Award in 1994, while managing
Rafter T Ranch, a privately owned cattle ranch.
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What is
a Mitigation Bank?
 A mitigation bank is a wetland, stream, or other aquatic resource area
that has been restored, established, enhanced, or preserved for the
purpose of providing compensation for unavoidable impacts to aquatic
resources.
Value of a Mitigation Bank
The value of the bank is defined in “compensatory mitigation
credits.” A bank’s instrument identifies the number of
credits available for sale and requires the use of ecological assessment
techniques to certify that those credits provide the required ecological
functions. Most mitigation banks are designed to compensate only
for impacts to various wetland types. The price
of a credit is much like the Transfer of Development Rights in that
it is based upon supply and demand. The higher the development area
you are in the higher price you will receive per credit.
If you have any questions, concerns, or interests in any of these different
financial enhancing preservation tools please contact Jimmy Wohl and
he will be happy to assist you in properly managing and/or implementing
one of these unique
programs. Jimmy is well educated and experienced in dealing with
land preservation techniques, and was nationally recognized by the
National Cattlemen’s
Association, winning the Environmental Stewardship Award in 1994,
while managing Rafter T Ranch, a privately owned cattle ranch.
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What is Transfer of Development Rights (TDR)?
 Transfer of Development Rights (TDR) is the process by which development
right are transferred from one lot, parcel, or area of land to
another lot, parcel, or area of land. TDR is a local government
designed program in which they are allowed great flexibility.
Implementation of TDR
To implement the program, the local legislature identifies a “sending
district” where land conservation is sought and development
rights are transferred from, and a “receiving district” where
development of property is desired and development rights can be
transferred to. Transfer of development rights still enables landowners
to own rights pertaining to minerals, timber, agriculture, riparian,
surface and ground water and air. The only right of ownership that
is lost or sold is development rights.
Benefits of TDR
TDR can be an effective tool used to preserve farmland, natural resources
and open space and also direct growth and avoid urban sprawl. The
value of a landowners development rights is based solely upon supply
and demand and fluctuates in different areas. |
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