WV Farm Bureau Magazine November 2015 | Page 11

You know what a conservation easement is, right? It is a nonpossessory interest of a holder in real property. (A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another.) A conservation easement is granted by a voluntary deed conveying an interest in real property from a landowner to a grantee that restricts future uses of the real estate as negotiated between the parties. Many people refer to this giving away or selling your development rights. The land subject to the easement may be thereafter sold, given or willed by the landowner – subject, however, to the restrictions in the easement. Any landowner can grant a conservation easement – an individual, a corporation, an LLC, a partnership, an estate or a trust. The landowner should seek advice from her lawyer, accountant and financial planner, and may wish to hire her own appraiser. The grantee of the easement can be the County Farmland Protection Board, a statewide or local land trust or other conservation organization or a Federal agency. However, what are the income tax consequences? A conservation easement can be donated to the grantee, sold for fair value, or sold for less than fair value (known as a bargain sale). The fair value of a conservation easement is the difference between the market value of property before the easement and the market value after the easement is applied. A bargain sale is both a sale and a donation. If an easement is sold, the landowner will recognize taxable gain if her basis in the easement is less than the sale price. Her basis in the easement is a proportion of t H