PROTECT YOUR LAND
At the Heart of Texas Conservancy, we work closely with landowners to create personalized conservation agreements that align with their vision. Our purpose is to help preserve the natural and agricultural heritage of their land, ensuring a lasting legacy for future generations. Together, we protect what matters most while preserving the landowners wishes and legacy in perpetuity.
WHY CONSERVATION AGREEMENTS?
A conservation agreement, often referred to as a conservation easement, is a voluntary legal agreement enabling landowners to keep ownership and management of their property while giving, donating, or selling specific development rights to a land trust. This arrangement safeguards the land from commercial or residential development, preserves vital habitats, and prevents the subdivision and fragmentation of the area. ​Land Trusts "Hold the Agreement" and monitor the property annually to ensure that the donor’s wishes are protected in perpetuity - and legally enforced, if ever necessary.
Donating a conservation easement can be one of the smartest ways to conserve the land you love, while maintaining private property rights and possibly realizing significant tax benefits that can be leveraged for up to 15 years. Through conservation easements, the land and its beauty are forever protected for yourself and for future generations.
Potential Tax Benefits
​Conservation easements can offer significant tax benefits under the 2018 Bill and IRS guidelines. When landowners donate easement, they may deduct the value of the easement from their Adjusted Gross Income (AGI) over a 15-year period. Typically, they can deduct up to 50% of their AGI, while qualified farmers and ranchers may qualify for higher percentages in the year of the donation. Additionally, certain expenses related to the donation may be eligible for a federal tax deduction in the first year.
​
Reduced Estate Tax
​When development or commercial rights are relinquished, the value of the land decreases. This leads to a lower property and estate tax burden for current owners and their family members who may inherit the land. It's important to note that conservation easements do not impact property tax valuations in Texas.​​
​
Preserving Your Legacy
​​Conservation agreements empower landowners to leave a lasting impact on the land they cherish by ensuring that the land remains undeveloped and preserved for the benefit of current and future generations.
WHAT'S IN IT FOR YOU?
THE PROCESS
CONVERSATION
Contact us to discuss your conservation objectives.
APPLICATION
When you're prepared, the land trust will evaluate your land for purposes.
PREPARATION
We work together to customize a conservation agreement that aligns with your goals.
CLOSING
After addressing all due diligence items, we proceed to sign the agreement and file it with the county.
STEWARDSHIP
Our land trust conducts annual monitoring visits to uphold the terms
of the agreement.
WHAT LANDOWNERS SAY
Landowners choose to conserve their land for many reasons, but perhaps the most common reason is because they love their land and want to see it respected and cared for by future generations.
FREQUENTLY ASKED QUESTIONS
-
What is a Conservation Agreement?A conservation agreement is a powerful tool for landowners who want to protect their property's natural, productive or cultural features. By voluntarily restricting certain uses of the land, the owner can ensure that its unique qualities are preserved for future generations. With a conservation easement, the landowner retains legal title to the property and can continue to use it in ways that are consistent with the agreement.
-
What is the purpose of a Conservation Agreement?Conservation agreements are a customizable tool for landowners who want to protect wildlife habitat, conserve open space, and preserve agricultural land. By custom tailoring and putting in place permanent restrictions, landowners can ensure that their land remains protected for generations to come.
-
What are the common elements of a Conservation Agreement?Conservation agreements are a great way for landowners to protect their land while still maintaining certain rights. By voluntarily limiting the right to subdivide, commercially develop, or surface mine the land, landowners can ensure that their property remains intact for future generations. Additionally, landowners can choose to maintain certain rights, such as building structures in certain locations, hunting, raising livestock, or growing crops.
-
Why consider a Conservation Agreement?By preserving the natural heritage of the land, conservation agreement ensures that future generations can enjoy it as well. They also prevent heirs or third parties from dividing and developing the land, while maintaining its utility for agricultural and recreational purposes. Additionally, conservation easements limit residential uses to reserved building sites and prevent harmful fragmentation through subdivision limitations.
-
Who owns the land after a Conservation Agreement is deeded to a land trust?The landowner retains ownership of the land, but agrees to abide by the terms of the conservation easement. This agreement is binding on all future owners of the land, ensuring that the conservation values of the property are protected for generations to come.
-
How is a Conservation Agreement maintained?As part of the agreement, the landowner grants the holder of the conservation easement the right to periodically assess the condition of the property to ensure that it is being maintained according to the terms of the legal agreement. This helps to ensure that the land remains protected for future generations to enjoy.
-
What are the financial advantages of a Conservation Agreement?Conservation agreements can provide significant tax benefits for landowners. By donating a conservation easement, a landowner can receive a federal income tax deduction for the value of the easement. This deduction can be up to 50% of the landowner's adjusted gross income and can be carried forward for up to 15 years. Additionally, the landowner may be eligible for state tax credits or deductions.