A
conservation easement is a restriction a landowner voluntarily
places on specified uses of his or her property to protect
natural, productive or cultural features. A conservation
easement is recorded as a written legal agreement between
the landowner and the "holder" of the easement,
which may be either a nonprofit conservation organization
or government agency. In Mississippi conservation easements
are usually donated to nonprofit conservation organizations,
commonly known as land trusts.
Conservation
easements are recognized for legal and tax purposes by
the State of Mississippi (Uniform Conservation Easement
Act) and the Internal Revenue Service (Internal Revenue
Code, Section 170(h)). However, before initiating a conservation
easement agreement, landowners should consult with their
legal and tax advisors.
With a conservation easement the landowner retains legal title
to the property while determining the types of land uses to be
continued and those to be restricted. As part of the arrangement
the landowner grants the holder of the conservation easement
the right to assess the condition of the property periodically
to ensure that it is maintained according to the terms of the
legal agreement.
|