Frequently Asked Questions about Land Trusts

• What is land trust?

The Land Trust Alliance defines land trusts as, “local, state, or regional nonprofit organizations directly involved in protecting land for its natural, recreational, scenic, historical, productive value.” (Starting a Land Trust, p1) Most land trusts are private, nonprofit corporations. They may also be called “conservancies “, “foundations,” or any other name indicating their mission of protecting land. Land trusts have organized to help communities preserve the unique values of their land and open space for over a century, providing the link that empowers local residents to protect the places they value. There are presently over 2,000 land trusts operating throughout the United States, ranging from small, volunteer-run collectives, to statewide, professionally staffed organizations.

• How do land trusts work?

Land trusts start at the grassroots level, operating with volunteer Boards of Directors and community members. The land trust is primarily an administrative/management organization that facilitates and upholds the legal protection of land. Land trusts use various legal tools to protect land, depending on the particular circumstances of each case.

All of the techniques used by land trust to protect land involve partnerships with the landowner. Some of the partnerships, called conservation easements, involve limiting development rights on a particular piece of land. The land doesn’t change ownership, but the status of the land changes (for example, the property may go from a classification of “developable” to “non-developable”). This change in classification effects a change in the market value of the land, which then may be applied as a tax credit to the landowner. Since the goal is to protect land, the contracts held by the land trust are designed to be binding in perpetuity. Property may also be purchased outright by the land trust and sold to the state government for protection. More rarely, land may be donated to the land trust and held in stewardship.

• To what extent does the government get involved?

The government upholds the laws that identify conservation easements as real, binding agreements, determine property rights, and declare government agencies to be potential recipients of those rights. Otherwise, land trust transactions are generally private agreements executed between the land trust and property owners. The Internal Revenue Service becomes involved if the donor seeks tax and estate benefits.

• What is a conservation easement?

A conservation easement is a legal agreement signed by both the landowner and the land trust. Each agreement is crafted individually to meet the needs of the particular property being placed under easement. Conservation easements usually determine how a particular piece of land may be used or where structures may be built, with the goal of preserving the land’s special values in perpetuity. Once land is placed under easement, the agreement remains binding on the property regardless of the owner. The land trust acts as a trustee of the conservation easement and steward of the protected property, and is charged with making sure the terms of the easement are kept. Because of their individual and personal nature, conservation easements are flexible and powerful tools that allow the partnership of land trusts and property owners. These partnerships facilitate the protection of quality of life and put the choices for future land use and growth in the hands of local residents.

• What laws govern the operations of land trusts?

For more information regarding the legal aspects of land trusts and conservation easements, please visit the Palmer Foundation website, under “Legal Aspects” and “Tax Considerations.”

• Why do landowners grant conservation easements?

Landowners grant conservation easements to protect their land in perpetuity from inappropriate development while at the same time retaining ownership of the land. A conservation easement is tied to the title of the property, assuring the landowner that the resource values of his or her property will be protected forever, even if ownership of the property changes. Conservation easements also often provide landowners with significant tax benefits and may assist landowners with the estate planning process by providing tax breaks and/or income. There are different benefits associated with conservation easements at the state and federal levels. Colorado currently enjoys very favorable incentives for placing land in conservation, and consequently many options for landowners in their estate planning process.

• How do you decide what kinds of lands to consider for land trust?

One of the most essential tasks of a land trust is deciding which lands to consider for preservation and how to preserve them. This process is crucial both to the credibility of the land trust, the ability of conservation easement agreements to remain legally sound over time, and also assures the preservation of the most appropriate lands for the benefit of the entire community. Established land trusts have an informed and thorough protocol for selecting lands and creating preservation packages. Land Trust of the Upper Arkansas is in the process of developing a Land Resource Inventory for Lake, Chaffee, and Fremont Counties. The Land Resource Inventory is a comprehensive narrative report and a map based on many different kinds of data, designed to show areas with high, medium, or low conservation priority. The Land Resource Inventory functions as a tool for LTUA in strategic planning and building partnerships for conservation, but each prospective property is evaluated individually. LTUA uses the following Land Values Assessment Checklist to determine whether conservation is appropriate for a particular property:

LTUA Land Values Assessment Checklist The following checklist outlines the preliminary criteria used by the Land Trust of the Upper Arkansas (LTUA) when initially deciding whether to participate in a property transaction or conservation easement negotiation. These considerations, however, neither insure nor limit the Land Trust’s involvement. The Board of Directors retains discretion over the acquisition process, and it may choose to deviate from these guidelines after careful review of a specific proposal. This preliminary list is adopted from the Palmer Foundation, LTUA’s former mentor. Enhancing Values 1. Expands and enhances existing or proposed public domain holdings 2. Links significant public and/or private open space/natural areas 3. Preserves or buffers natural areas containing: o plant/animal species of unusual merit or special concern o representative local plant and animal communities o valuable wildlife habitat o wetlands o migration corridors 4. Contains important historical, geological, archeological or local landmark features 5. Protects scenic vistas or view corridors 6. Permits existing agricultural practices to continue on land that would otherwise succumb to development pressures 7. Provides needed urban open space or sets a precedent for open space values and protection in a developing area 8. Offers educational opportunities to the public 9. Does not exceed or adversely affect the financial and land management capabilities of LTUA 10. Concurrent gift to The LTUA Easement Stewardship Fund Limiting Factors 1. Few conservation/natural resource values remain intact on the property 2. The presence of noxious weeds, hazardous materials, contaminants or refuse requiring containment, control or disposal 3. Small size and conflicting adjacent land use 4. Future development of adjacent properties which would diminish existing conservation values 5. Difficult enforcement or management issues: o physiographic dangers o destructive trespass pressures o multiple ownership tangles o restrictive deed provisions o potentially burdensome maintenance issues 6. Ethical or public image problems for LTUA associated with accepting the property

• Why should I support Land Trust of the Upper Arkansas?

LTUA is a member-supported organization that is rooted in the community it serves. Our goal is to be available to residents of Lake, Chaffee, and Fremont counties and to help landowners preserve, protect and, in some cases, retain their land and way of life. LTUA’s members and Board members comprise a growing team of skilled local residents who ready and willing to help their neighbors with achieve this goal. As a small and person-to-person oriented organization, LTUA is especially well equipped to provide local landowners with the assistance and attention they need.

Colorado is home to almost 40 private land preservation organizations. LTUA is the only land trust focusing Fremont, Lake, and Chaffee Counties. These three counties encompass some of the most breathtakingly beautiful scenery in the state, including the invaluable Arkansas River watershed, and quickly diminishing ranchlands and open space. Choosing to support LTUA is taking action to preserve the beauty and solace of this rural region of Colorado for future generations, as well as maximizing smart growth of the communities and economy in the Valley.

• How can I get involved?

As a growing organization, LTUA is challenged with building a lasting institution to serve the community. Projects include working toward goals laid out in the strategic plan, fundraising, developing organizational systems, initiating an active membership drive, and moving forward with our projects to preserve land. We are currently seeking support in the form of donations of volunteer effort. If you are enthusiastic about keeping the land alive in Chaffee, Lake, and Fremont Counties, or have specialized skills or other resources you are willing to contribute, please contact us at our office: (719) 539.7700. Also, please check our Volunteer Opportunities page for information on specific upcoming projects and events.