Conservation Easements

[Greco]

My father-in-law (Blackfoot III's father) owns approx. 100 acres in Kershaw Co. on the Lynches River (near Bethune). We have discussed putting part or all of the land in a CE but neither he nor I has any direct dealings with them. I have done a bit of research on the details of CE's with regard to hunting/recreation acreage and was hoping some of you could share some inside information that may be helpful.

Details on the tract:

- About 1 mile of river frontage
- Bottomland acreage (flood plain) totals 40 acres. Mixture of old growth timber, recent clear cut and beaver ponds. This area floods when the river comes out - could not be developed
- There are 60 acres in food plots and 15 year old pines (thinned once) "on the hill"
- I would not consider this land to have any immediate, apparent development value. The property is currently used for hunting, recreation, and timber.

Any thoughts on CE's? Nuances or things to look out for? Have you guys found the tax benefits to be substantial? Is it hard to get involved with a program? Do they make a restrictive "son-in-law use ONLY" easement?

Thanks in advance...

[JABIII]

I have done several easements and am involved in some at present.

You will have no problem keeping land uses that you want after the easement. Hunting, timber rights, wildlife plantings, farming, etc are all part of the rights you may want to think about keeping. You want to think about ALL of your land RIGHTS as a BUNDLE. Look at them like a stack of wood. YOU decide which ones to keep and which ones to give up.

Maybe you never want to cut any timber so you give them up. But think that gypsy moths or woody adelgid type critters attack your forest in the future and you COULD have saved it by cutting the first infected trees. So you put in your easement that in case of tree disease or insect infestation, you may remove the trees as needed with a forestry plan.

Conservation Orgs will work with you. I really like The Nature Conservancy as they KNOW WHAT THEY ARE DOING when so many of the smaller orgs just seem to "wing it"...

This does not even begin to scratch the surface of CE's. If you have more specific questions don't hesitate to ask and I will either try to answer or point you to someone who can.

Y'all get after it and get the land preserved. It is a GREAT feeling knowing that you have done the right thing and preserved a bit of God's Country...

[LabLuvR]

Thanks JAB for being a part of protecting our resources. Sure is a refreshing note to see someone out there is concerned enough to pursue such measures. Thanks again!!

[Greco]

Thanks for the PM's and the replies. I will certainly follow up with the organizations and people mentioned to see if it makes sense for this particular tract of land.

[2thDoc]

The Conservation Land Bank should be full funded this year. They are some stipulations that govern which tracts of land qualify, but you might be able to swing it. Contact your local or state representative and he can point you in the right direction.