Protecting Your Land
As a landowner you care deeply about your land. You may enjoy the wildlife that lives there, know each great tree that shades it, or have wonderful memories tied to your special landscape. As steward of your land you may have great concern for its future. If you are one such landowner, Bear-Paw regional Greenways may be able to help you ensure that your land will remain protected beyond your ownership.
Deciding to protect your land in perpetuity is a personal decision - and we at Bear-Paw understand that. We speak almost daily with property owners who have just started to consider conserving their land and are looking for information about their options.
Conserving your land starts with your vision for its future. It also involves your financial and tax circumstances, the value of the land itself, and the conservation goals of Bear-Paw Regional Greenways. Some permanent protection techniques that we utilize entail certain transaction costs. We will clearly describe to you the preservation tools we use, and outline any possible costs to you as your decision proceeds. However, Bear-Paw has been very successful in identifying and securing funding to complete projects.
Deciding to protect your land in perpetuity is a personal decision - and we at Bear-Paw understand that. We speak almost daily with property owners who have just started to consider conserving their land and are looking for information about their options.
Conserving your land starts with your vision for its future. It also involves your financial and tax circumstances, the value of the land itself, and the conservation goals of Bear-Paw Regional Greenways. Some permanent protection techniques that we utilize entail certain transaction costs. We will clearly describe to you the preservation tools we use, and outline any possible costs to you as your decision proceeds. However, Bear-Paw has been very successful in identifying and securing funding to complete projects.
Landowners interested in permanently protecting their land have a variety of conservation options available to them. Additionally, conservation easements or gifts of land can offer donors substantial federal income tax and estate tax advantages.
Conservation Easements
If you own land, your ownership extends to the soil, minerals, trees, and vegetation on it; and you have certain rights to use or modify these resources. Such rights include the right to grow and harvest trees or other crops, to sell or otherwise transfer ownership of the land, and the rights to mine, subdivide, and develop.
A conservation easement is a legally binding agreement between a landowner and Bear-Paw, whereby the landowner agrees to conserve the land and its resources but gives up the right to exercise more intensive uses such as residential development or mining. The effect of this agreement is to ensure the permanent protection of open space while leaving its use and management in private hands. As the holder of the easement, Bear-Paw agrees to monitor the use of the land to ensure that the terms of the easement are upheld. Once an easement has been completed, you may live on and manage the land, sell it, or pass it on to your heirs. The easement, however, remains in effect forever.
Conservation easements can be donated or sold. For more information, see the fact sheet Conservation Easement Questions and Answers.
A conservation easement is a legally binding agreement between a landowner and Bear-Paw, whereby the landowner agrees to conserve the land and its resources but gives up the right to exercise more intensive uses such as residential development or mining. The effect of this agreement is to ensure the permanent protection of open space while leaving its use and management in private hands. As the holder of the easement, Bear-Paw agrees to monitor the use of the land to ensure that the terms of the easement are upheld. Once an easement has been completed, you may live on and manage the land, sell it, or pass it on to your heirs. The easement, however, remains in effect forever.
Conservation easements can be donated or sold. For more information, see the fact sheet Conservation Easement Questions and Answers.
Gifts and Sales
Giving your land to Bear-Paw is the most direct way to protect it. If accepted by the Board of Directors, your land will become part of our permanent holdings and will be managed for multiple conservation benefits that may include wildlife habitat, watershed protection, agricultural or timber production, recreation, or scenic preservation. In some cases, with the consent of the donor, lands given to Bear-Paw may be resold subject to conservation restrictions to ensure their permanent protection. The proceeds from these restricted sales benefit additional land protection projects and other Bear-Paw programs. A gift of land can also be tailored to allow you to live on the land for the rest of your life.
You can also leave your land to Bear-Paw or your town with a conservation easement to Bear-Paw through your will. That allows you to own and manage the property during your lifetime, while assuring permanent protection for the future. We recommend that you discuss a potential gift with Bear-Paw before including it in your will.
Bear-Paw may also be able to raise funds to buy land at or near appraised value, depending on the property and the purchase price. Landowners should contact Bear-Paw as soon as they can if they want to sell their land since it can take time to make such arrangements.
You can also leave your land to Bear-Paw or your town with a conservation easement to Bear-Paw through your will. That allows you to own and manage the property during your lifetime, while assuring permanent protection for the future. We recommend that you discuss a potential gift with Bear-Paw before including it in your will.
Bear-Paw may also be able to raise funds to buy land at or near appraised value, depending on the property and the purchase price. Landowners should contact Bear-Paw as soon as they can if they want to sell their land since it can take time to make such arrangements.
