La
Plata Open Space Conservancy
Because they’re not making land
anymore…
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About
LPOSC
La Plata Open Space Conservancy (LPOSC) incorporated as a nonprofit
land trust in 1992. Its mission is to protect open lands in Southwest
Colorado that have important agricultural, wildlife, scenic, historical,
archaeological, and/or recreational value, for the benefit of the public.
LPOSC has worked alone, and with other private and public entities,
to protect farms and ranches, natural wildlife habitat, watersheds,
archaeological sites, scenic views, and parks for active and passive
recreation. LPOSC has saved many thousands of acres of land in La Plata,
Montezuma, Dolores, Archuleta, and Ouray Counties that would otherwise
have been lost forever.
LPOSC is governed by a volunteer Board of Directors and funded by membership
donations, proceeds from special events, and grants. Through its programs,
LPOSC builds public awareness of the need for land protection and of
land conservation options, negotiates land protection agreements, and
monitors and enforces those agreements to ensure permanent land protection.
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Land:
It’s Not Just Another Pretty Space
Open land is nice to look at. And it is much, much more. Land is life.
It provides food and fiber; it recharges vital aquifers and controls
flood waters; it feeds and shelters wildlife, and yields myriad recreation
opportunities, to name just a few quantifiable benefits.
Colorado’s open land is fast disappearing, succumbing not just
to growth but to the way we are growing. Federal, state, and local agencies
all work to protect land, but due to budgetary and/or bureaucratic constraints,
they are often unable to save critical private land. Fortunately land
trusts are working with confidentiality, flexibility, and speed to meet
landowners’ needs and to protect private land for public benefit,
at little or no cost to taxpayers.
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Conservation
Easements
La Plata Open Space Conservancy uses several different methods, alone
or in combination, to protect land and meet landowner and community
needs. However, the Conservancy’s most common method of land protection
is the conservation easement, where a landowner gives up (donates or
sells) certain property rights to the land trust in order to protect
specific resources. All of LPOSC’s conservation easements have
been donated, and most have resulted in significant tax benefits for
the donors. |
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A
Conservation Easement Guide for Landowners
Summary:
(Click on button above to view the complete Guide
or HERE)
Conservation Easement Facts
• A conservation easement is a legal, binding agreement made between
a landowner and a
conservation organization that protects land with conservation values
– agricultural, wildlife, scenic open space, and/or historical/archaeological
values -- that are important to the public.
• Each easement is unique to the parcel it is designed to protect
and to the needs of the landowner donating the easement.
• A conservation easement does not require a landowner to open
his property to the public.
• A conservation easement is designed to last forever, and it
runs with the land, binding not only the landowner who gives the easement,
but all future owners as well.
• Any landowner may give an easement, provided his property has
conservation values that meet federal and state criteria.
• A conservation easement may be conveyed to a public agency,
or to a conservation organization that qualifies as a public charity
under Internal Revenue Code 501(c)(3).
• The easement holder is responsible for enforcing the restrictions
of the easement.
• A conservation easement can help reduce income, estate, and
property taxes.
• The value of a conservation easement can be determined by a
qualified appraiser.
Steps for Giving a Conservation Easement
• Determine whether the land has qualifying conservation values.
• Talk with qualified conservation organizations and choose one
to hold the easement.
• Discuss the conservation easement with an attorney and/or tax
advisor.
• Determine which conservation values to protect.
• Work with the land trust to draft the conservation easement
document.
• Document the conservation values and condition of the property.
• Obtain a qualified appraisal.
• Sign and record the conservation easement.
Conservation Easement Costs
• Legal/financial advice to ensure proper structuring of the easement.
• Survey (sometimes, but not always, required) to determine boundaries
of the conservation easement.
• Baseline documentation to verify conservation values and establish
the condition of the property.
• Appraisal to establish easement value in order to claim tax
benefits.
• Stewardship endowment to enable the land trust to monitor and
enforce the easement.
Conservation Easement Tax Benefits.
A landowner who gives a conservation easement in perpetuity and exclusively
for conservation purposes to a qualified organization may be eligible
for the following tax benefits:
• Federal Income Tax Deduction.
• State Income Tax Credit.
• Federal Estate Tax Deduction and Exclusion.
• State Property Tax Benefit. |
Your
Contributions Make Conservation Happen...
Please Join La Plata Open Space Conservancy
Private land conservation is extremely cost effective, but it’s
not free. The education, research, documentation, surveying, appraisals,
title work, legal work, and stewardship necessary to permanently protect
land take time and money. La Plata Open Space Conservancy’s operations
are supported by contributions from private individuals like you, who
want to protect open lands for future generations.
They’re not making
land anymore...
Please give generously to help the Conservancy make a difference!
Friend ($25-$49), Supporter ($50-$149),
Sponsor ($150-$499)
Patron ($500-$999), Benefactor ($1000+)
Please mail your membership check with your name and address to LPOSC
at:
P.O. Box 1651, Durango, CO 81302.
If you
prefer to charge your donation to a major credit card, you can contribute
to LPOSC on-line through JustGive.org by clicking on the JustGive icon.
JustGive does not charge for their service so LPOSC will receive 100%
of your donation. JustGive will provide a printable receipt on their
web site. |
