Create a Conservation Easement to Protect the Land You Love
Many Piedmont landowners would like to ensure that the land they love is protected in perpetuity but do not know how to do it. Fortunately, several experienced and trusted organizations in Hunt Country can help landowners through this stewardship process.
The Land Trust of Virginia (LTV) is one local organization that can help. Although they can create conservation easements anywhere in Virginia, their focus is on Western Loudoun and Fauquier counties, and they are justifiably proud that they have helped create conservation easements on 40% of the land in this area.
"We are proud of that," emphasized Chairman Birge Watkins at the LTV's recent annual meeting, "but it only underscores that 60% of this beautiful area still needs protection."
Now 20 years old, LTV is a thriving, accredited, non-profit land trust dedicated to protecting Virginia's open spaces, natural resources and historic sites.
LTV members work to permanently protect the land and its irreplaceable scenic, natural and historic resources.
"We support and encourage fiscally responsible, private non-profit conservation," added Executive Director Don Owen. "Our members donate their time, energy, expertise and resources to preserve the land they love."
What is a Conservation Easement
A conservation easement is a voluntary agreement that allows a landowner to permanently limit the type and amount of development on their property while retaining private ownership. The property need not be a vast holding, in fact, easements exist on properties of fifteen acres or less.
The process of donating an easement is straightforward. Working together, a private landowner and the LTV identify uses of the property they would like to see continue, such as farming or forestry, and the restrictions they would like to see limit the future development of the property. An independent, qualified appraisal to formalize the value of the property on the public market is a key step in the conservation process. This value will be reduced when the conservation easement is established because development has been permanently restricted, but the tax benefits associated with conservation easements can offset at least part of the reduction in value.
Tax benefits include a combination of highly significant Federal and State income tax savings as well as Virginia State income tax credits that may be transferred if the landowner is not able to realize the tax credits full value.
The landowner may continue to live on the property and may, depending on the size of the property, retain rights for limited expansion and development that might include land parcels for children.
Easements limit or prohibit certain activities including industrial, commercial and intensive residential development. Once finalized, the easement is signed by the landowner who is the easement donor and the Land Trust of Virginia, the organization receiving the easement, and recorded with the County Registrar of Deeds.
"Each easement is flexible and customized to the landowner's needs," Owen explained. "And the financial benefits to the landowner, particularly in Virginia, can be substantial."
The Best Benefit
According to Marcia and Hank Woolman, who placed their land in a conservation easement with LTV in 2005, the best benefit was that it allowed them to protect the land they love.
"Farm land lost is farm land lost forever," Marcia explained.
An active conservationist, Marcia has "very firm" feelings about the future of the Virginia countryside she loves.
"When I arrived in Fauquier County some 20 years ago, I was blessed with a new friend who became my mentor, Eve Fout. She dedicated a great part of her life to bringing awareness to the need for and use of conservation easements. She was tenacious, and many of our 'eased' landowners can trace their decision back to the indomitable Eve Fout."
As Marcia learned more about what could happen to their land if they did not protect them, she and Hank were determined to put their land in easement.
"As Hank and I sat on our porch, most of what we saw was land in easement. If we did not protect our fifteen acres, we knew they could someday spoil the beautiful vista."
"This special place is still here due to the foresight of visionaries like Eve Fout, Bill Backer, Charlie Whitehouse and Alice Mills who knew that the only way to ensure that rural land remain rural forever was to protect it with conservation easements."
It is the stewardship and dedication of leaders like the Woolmans that protects this beautiful rural area, according to Don Owen, who has just concluded another successful year at the Land Trust of Virginia.
"Once landowners understand how much we can help them protect their land, they are sincerely interested in the process of creating an easement and the benefits that may accrue to them by doing so."
"We just presented our 'Hillsboro Rural Village and Community Study' to 30 residents of that area who wanted to know more about how to conserve their property.
"Our most important job is to make certain that land owners understand the potential conservation easements offer them and their families. When the process is fully understood, and the LTV role is clear, we can strike partnerships that lead to the creation of new conservation easements that protect even more of our beautiful countryside."
LTV isn't the only land trust in the area. There are several good land trusts, including the Virginia Outdoors Foundation and several nonprofit land trusts that, like LTV, have been accredited by the Land Trust Accreditation Commission."
If you would like to consider protecting your land with a conservation easement, please contact either Don Owen or John Magistro at 540 687 8441 or at john@landtrustva.org.