A Conservation Easement May Be the Option for You
July 2004John Steward, Leech Lake Watershed Project & Foundation, Coordinator, (218) 547-1770
So, you are a shoreland owner in the Land of 10,000 Lakes. We do love our Minnesota lake property don’t we? This only makes sense, as great times happen here. Experiences like catching your first largemouth bass, bagging a brace of mallards on the perfect foggy morning, or watching your granddaughter discover nature’s wonders along the same shoreline you did when you were young, turn into powerful memories and form Minnesota’s lake heritage. Our lake heritage may be under threat. Minnesota is being discovered as a high-amenity resource state and is undergoing tremendous development pressure. Many landowners are concerned with main-taining their property in a relatively undeveloped state. How does a landowner protect his or her cherished land for the long term?
One answer is placement of a conservation easement. A conservation easement is a legal document in which a landowner retains title to a given property, while voluntarily restricting uses of the property. A conservation organization is designated to monitor and enforce the use restrictions for a given term or in perpetuity. As a result, present owners of a parcel can better assure cherished lands may be passed onto future generations to enjoy as they did.
There are many kinds of land easements commonly used for purposes like private and public roadways and forest roads, water flowage ditches, gas pipelines, electrical power and telecommunication lines, recreational trails, railroads, and hunting or fishing use easements. Land ownership comes with a bundle of rights, an easement; such as mentioned above may represent one stick in the bundle for a property. So for example, if a road easement is sold or conveyed to a township, the township holds the right to use that parcel for roadway purposes via its ownership of the easement. So too, if a lakeshore or woodlot owner is concerned about conserving their property, they may donate and/or sell an easement to a conservation- minded private non-profit organization such as the Minnesota Land Trust or the Leech Lake Area Watershed Foundation. Also, conservation easements may be donated to public agencies, such as the Minnesota Department of Natural Resources, for management.
Conservation easements are a relatively new tool for Minnesota, but are growing in use by private landowners to meet their conservation goals. Each easement is different and is driven by the landowner who controls the direction of the project. For instance, a person with natural shoreline may choose to reserve one cabin site for future needs, placing a no build easement restriction on the balance of the area, as they never plan to build on it. Other benefits may include: development of a property management plan, aid in estate planning, and potential tax deductions (consult your tax adviser). Timing is important in an easement project. There may be an advantage to when you complete your action in regard to taxes, estate planning, property taxes, health, residency, funding its sale, and more.
Such projects make excellent partnerships with lake association conservation committees, County Soil and Water Districts (SWCD), or the Leech Lake Area Watershed Foundation (LLAWF). Completed easement projects may be found in lake-rich counties of Itasca, Cass, Aitkin, Crow Wing, Hubbard and beyond. Some landowners can afford to donate a no-build easement on an undeveloped portion of property while others would like to but cannot afford it. This is where a purchase/donation option may be of interest. Also, more information about recently-completed easement projects by the Leech Lake Watershed Project & Foundation is available to those considering an easement project (by client permission).
Conservation easements are an emerging and powerful lake management tool and are a great option for land-owners to consider in their plans for the future of their property. All decisions are the landowners’ to make. And if you move forward, chances are you are conserving the same place you or one of the kids landed that first bucketmouth bass by the brush tangle near the white cedar clump!
For more information about conservation easements, contact your county or state conservation office. Technical assistance and information may be available from different sources depending upon what county your property is located, including sources like: County SWCD, LLAWF, lake associations, MN DNR, Minnesota Land Trust, etc., or the Leech Lake Watershed Project & Foundation. Also, Land Protection Options - A Handbook for Minnesota Landowners, is available online at the Minnesota Land Trust Web site.
