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| You have a piece of property that you love. You know every tree, when the first spring flower will emerge, and when the junco returns to signal the start of winter. The property gives you a sense of well-being and connected-ness to the land that is missing in your daily routine. The land may be the acre of woods at the back of your lot or that forty acres you inherited. You have held onto this piece of property in spite of offers from developers and admonitions from your family about financial soft-headed-ness. |
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| You know that when you die your beloved property is likely to be altered. It may be sold to that persistent developer for a home-site or the shopping center. Or the new owner may choose to cut the trees to "improve the view" or make it easier to maneuver his riding mower. You can't bear the thought of this happening. What can you do? |
| The answer may be a conservation easement. Think of your ownership of a piece of land as controlling a bundle of legal rights. These include such things as the right to build on the land, to alter the ground surface, to remove vegetation, and to plant crops. Selling timber rights or mineral rights is a familiar way in which property owners give up some of their legal rights. |
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A conservation easement is a way to preserve open space and protect the environmental value of your land by restricting future use and development. A conservation easement can restrict development or prohibit it. It can guarantee that the trees won't be cut down or that the property will remain farmland. You do this by selectively giving up some rights that you hold. A basic tenet of conservation easements is their flexibility. Each easement is written to reflect the unique qualities of your land and your wishes for that land. |
| An important feature is that a conservation easement is forever. The restrictions that you impose will apply to future property owners. Another is that the property remains yours - the rest of the bundle of legal rights remain in your hands. You can sell, give, or bequeath the property. You and future owners have use of the property subject to the terms of the easement. But who will be around to ensure that an easement is forever? That problem is solved by the requirement that the easement be held by a qualified organization or government agency. The organization or agency has no ownership rights to the land. Instead, it has the responsibility to monitor the easement and to enforce its provisions. If you place a conservation easement on your property, you will have the personal satisfaction of knowing your property's beauty and environmental value will be intact for future generations. |
| Are there other benefits? Yes, indeed! Because donating a conservation easement is recognized as a benefit to the public, federal and state governments reward the donor with tax benefits. These can include a charitable deduction for the difference between the value of the property before and after the easement was given. In Illinois, a conservation easement can result in property tax reduction. There may also be estate tax benefits depending on your personal situation. There are, of course, criteria to be met. |
| For more information on Conservation Easements: The Conservation Foundation |
| To determine if a portion or all of your property would be suitable for the dedication of a Conservation Easement to the Forest Preserve District, please send the PIN (tax number), acreage and portion of the property that you are considering placing an Easement on (i.e., the northernmost 2 acres of the 4 acre parcel; or the northernmost 250 feet of the parcel), together with your name and mailing, fax, or e-mail address (whichever you prefer) to: Planning Program Supervisor Forest Preserve District of Will County P.O. Box 1069 Joliet, IL 60434-1065 Fax: (815)727-9415 Email: comments@fpdwc.org |
