Conservation Easement

Conservation Easement is a legal agreement between a private landowner and a nonprofit land conservation organization such as the Lookout Mountain Conservancy. The agreement permanently and legally restricts the types of development, subdivision, and activities allowed on a property. Under a conservation easement, the landowner retains ownership of the land and all rights not covered by the easement, while the Lookout Mountain Conservancy takes on legal responsibility for enforcing the easement restrictions. A conservation easement is a voluntary initiative on the landowner’s part. The easement document itself is tailored through discussions between the landowner and Lookout Mountain Conservancy, and is designed to protect the values of the land in a way that reflects the owner’s needs and wishes. The landowner benefits from an easement through the assurance that the important values of the land will be protected permanently, even after it passes into other hands. In certain cases, the landowner can take a Federal income tax deduction for donating a conservation easement, as well as receiving other incentives such as estate tax reductions and State tax credits.

Land Donation

Land Donation is a wonderful way to share the land’s beauty with future generations. We will work with the landowner to ensure that the Lookout Mountain Conservancy has the resources to own and manage the land as the landowner envisions. The landowner may even stipulate that the land be transferred in the future to a public state or federal agency. Donations of land may be made during the landowner’s lifetime or by bequest. A bequest or living trust permanently preserves the property while allowing you to control the land during your lifetime. The bequest and living trust options are available for donations of land or conservation easements. Landowners who donate land to a public charity may quality for Federal income tax deduction and other tax and estate incentives.

The Conservancy will consider acquiring lands only if the owner wishes to sell and if ownership seems to be the best way to provide significant public benefit.

Remainder Interest is most often referred to as a land donation with a reserved life estate. This option allows you to donate land and continue to live on it during your lifetime. At the end of your lifetime, and that of any named beneficiaries, the title and control of the land is automatically transferred to Lookout Mountain Conservancy. As with a land donation, Lookout Mountain Conservancy will work with the landowner to ensure that we have the resources to own and manage the land as the landowner envisions. The remainder interest option could allow for the landowner to leave a lasting legacy for land conservation by permitting Lookout Mountain Conservancy to sell the land (after protection with a conservation easement) thereby generating income for future land conservation transactions. Donating a remainder interest in land may qualify a landowner for Federal or State tax incentives.

Bargain Sale of land to Lookout Mountain Conservancy is a way of selling your land at less than its fair market value. This option generates some income for the landowner and may also qualify the landowner for a Federal income tax deduction for the donated value (the difference between market value and sale price) as well as other incentives.

Lookout Mountain Conservancy is always happy to talk to landowners about conservation options for their lands. Please call us at 423.424.3882 or email info@lookoutmountainconservancy.org information.