Conservation Easements

13 Key Points

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What Are Conservation Easements?

Conservation Easements (CE) are how non-profit Land Trusts and the government are gaining control of America’s private property. The CEs convey to a third party the right to control the use of the property for a “conservation purpose.” It is marketed as a way for landowners to ensure their property will remain in a natural state, protected from future development forever. They are told their current use of the land will continue, such as agricultural use. They are offered an income or estate tax deduction and other financial benefits.

However, landowners are rarely presented with the downsides of conservation easements, and there are many.

13 Key Points

No Longer Private Property

Once a landowner places a CE on their land, it no longer retains the characteristics of private property. Control of that property now belongs to the easement holder. The conservation purpose is the priority for the land in perpetuity, meaning forever. These restrictions bind every generation that follows, and freeze the land use according to today’s practices and societal goals.

Permanently Eroding Liberty

When a landowner sells the primary control of the land through a conservation easement, they are forever diminishing the ability of future generations to limit government’s power and encroachment on individual liberty

Creating a Dependency State

These vehicles also reduce the local revenue that pays for our schools, hospitals, emergency services and infrastructure. Lands with CEs have diminished or no agriculture productivity, housing, mineral or oil and gas development. The tax value of these lands is reduced on average by 40 percent. This increases the tax burden on other landowners and citizens in the community who must make up the difference. Additionally, it increases the need for local governments to depend on federal and state grants to provide basic services.

Conservation Easement Resources

Key Points for Landowners

13 Key Points Landowners Need to Know About Conservation Easements.

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Conservation Easements: The Good, the Bad and the Ugly

Published by The National Center.

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Conservation Easement or Servitude?

Download our free guide.

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How to Protect Your Community

Watch for Open Space Plans

The federal government grants billions of dollars to Land Trusts to develop open space plans that can easily be adopted by local governments. These funds are also used to entice landowners to encumber their property with the conservation easements. The plans are enticing to local governments for many reasons, including access to more federal funds.

Oppose Government Funded Grants

The federal government also offers federal conservation easements such as the Wetland Reserve Easement, Agriculture Conservation Easement Program, and Forest Legacy Fund. Some of these require matching funds from states or other entities. Environmentalists have been lobbying state legislators to set up Land and Water Conservation Funds for this purpose so that State taxpayer dollars will be used to buy the easement.

The federal government retains the right of enforcement for all easements obtained through a federal grant – regardless of who holds the easement.

Educate Neighbors and Elected Leaders

Citizens need to educate their local and state elected leaders about the dangers of adopting plans that will permanently erode property rights in their community and state. Taxpayer dollars should not be used to erode private property rights that give government more control over our land.

“The land shall not be sold in perpetuity, for the land is mine. For you are strangers and sojourners with Me.”

Leviticus 25: 23