

Tax benefits for conveying conservation easements:
Three types of tax benefits are available to owners who wish to place their
property under a protective easement. These are:
1. Property taxes.
Placing a property under an easement lowers the property's fair market value
because it restricts the use of the land. This can result in a reduction of property
taxes. State and local law as well as individual tax assessment determine the
amount of this reduction. Florida legislation requires property appraisers to recognize
the reduced market value of a property under easement. (See Sections 193.501 and 193.503, Florida Statutes).
2. Estate taxes.
Conservation easements allow families to permanently protect their land without
giving up ownership. Children who have inherited land from their families often
cannot afford the estate taxes and are forced to sell it. By placing an easement
on family land that restricts its future development, the property's overall value is
reduced which results in lower taxes.
3. Federal income taxes.
A property owner who donates a conservation easement may be eligible for a federal
income tax deduction if the property under easement meets specific criteria. According
to the IRS code, to be eligible for a federal income tax deduction, the easement must
be donated in perpetuity to a qualified organization such as an historical society or
a land trust, and for conservation purposes only. The IRS code allows tax deductions
for donation of conservation easements in five resource categories:
1. public recreation and/or education
2. significant natural resource
3. scenic enjoyment
4. pursuant to local government policy
5. historic preservation