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Land Protection Methods Every landowner is, wittingly or unwittingly, a habitat manager. Water-quality and habitat protection depends upon the stewardship (actions) of private individuals. Protection of stream corridors must rest on the three legs of the conservation triangle: regulation, acquisition (of conservation easements and lands) and private stewardship." Rich Kane, Director of Conservation, New Jersey Audubon Society* * * *
Outright donation: The gift of all interest in a property to another party.
Donation of easement: The gift of a partial interest in a property to another party. Typically, a landowner gives up his or her development rights but continues to live on a property. In the interest of conservation, the landowner may also choose to give up the right to cut trees, erect buildings or disturb the soil.
Bargain sale: Purchase of land or development rights below the appraised market value. The difference between the sale price and market value is usually considered to be a charitable donation, and thus eligible for an income-tax deduction.
Full market value sale: Purchase of land by a nonprofit or government agency at the market rate.
Installment sale: The purchase of a property in increments. Life estate: The transfer of ownership of a property with the stipulation that the current landowner can live in the house and use the grounds until his or her death.
Bequest: A device in a will that transfers a property to a named recipient.
Conservation buyer: A conservation-minded individual willing to purchase a secluded or scenic natural area. The land of interest may or may not already be subject to restrictions. If not, the buyer might purchase the property and then convey a conservation easement, or sell the most environmentally sensitive or historically significant land, to a nonprofit or government agency. Example: Gladys and Sterling North's children owed considerable estate taxes but wanted to honor the wishes of their parents and have the family property become part of Morristown National Historical Park. A conservation buyer, Judy Davies, stepped in and purchased the land, which lies along Primrose Brook. She then sold 13 of the 26 acres to the National Park Service. The Trust for Public Land assisted in the arrangement. Mutual covenant: The exchange of written pacts between or among neighbors.
Management agreement: A contract with a land trust or watershed association by which a landowner promises to carry out prescribed management practices. Management agreements are a good short-term option for protecting endangered species, critical habitat, or unusual geologic features. Registry: A listing of sites with significant natural resource value. Registry sponsors may make recommendations for property management but landowner participation and compliance are voluntary.
Limited development: A strategy that allows for building on a small number of lots while preserving the remainder of a property. A limited development may work well for a large estate or rural property as long as protection goals are not sacrificed.
Like-kind exchange: Trade of land with conservation value for a parcel more suitable for development.
Lease: Rental of a property to a farmer or commercial tenant often following the restriction of its deed or purchase of the land by a conservation group. This option works well for properties with a building that could be used for a conference center, bed & breakfast, boathouse or clubhouse. Restricted auction: Placement of limits on the future use of a property to open space or farmland followed by its sale to the highest bidder.
Right of first refusal: A commitment to allow a land trust or other specified organization to match any bona fide offer of purchase that a landowner receives. The land trust is not obligated to buy the property. |
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Copyright 2000. Great Swamp Watershed Association. |