Kansas Land Trust
Basic Conservation Information
WHAT IS A LAND TRUST?
A land trust is a nonprofit, grassroots organization with a mission to conserve land and its resources. Landowners may work with a land trust when they wish to permanently protect the valuable and unique qualities of their land.
A land trust provides many services to the landowner. It helps choose a protection strategy that meets the landowner's conservation and financial needs. It is entrusted to legally enforce the landowner's chosen protection strategy forever.
How is Land Protected?There are several strategies available through land trusts to landowners who want to preserve their cherished lands. Most often, a landowner donates a conservation easement to a land trust. The conservation easement places mutually agreed-upon protective restrictions on future uses of land and assigns responsibility to the land trust to enforce those protections forever, even when the ownership of the land changes. Occasionally, a landowner may donate or sell parcels of land to a land trust in order to place the land entirely in the trust's permanent care.
The Land Trust MovementThe first land trust in the United States was founded before 1900; about 50 existed in 1950, and 300 in 1970. By 2000, more than 1,200 land trusts had protected 4.7 million acres of land. The earliest land trust examples--such as the "village improvement societies" of New England--were located in eastern states. Today, active land trusts protect lands along the west coast, in the Rocky Mountains, across prairies of the Midwest, and up and down trails and rivers in the East. The people supporting these efforts are strongly motivated by ideals and vision, yet their approach is pragmatic. They use their technical skills in real estate transactions, tax law, public relations, land management, conservation science, education, and administration in preserving special places.
KLT staff and volunteers worked for two years towards the successful passage of the Kansas Uniform Conservation Easement Act, which allows landowners to donate conservation easements to nonprofit organizations.
National, State, and Local EndorsementsLand trusts follow strict state and federal guidelines to organize and operate as nonprofit, tax-exempt, charitable corporations, in order to provide tax benefits to donors. Federal policy recognizes that conservation of natural sites benefits the public. To support that activity, income tax deductions, affecting both federal and state taxes, are allowed for a conservation easement or for the value of property, provided that the donation is granted in perpetuity and to a qualified conservancy organization-such as the Kansas Land Trust. Federal estate tax guidelines also allow the reduction of the inheritance tax obligation of estates after donation of a qualified conservation easement. And finally, local real property taxes may be affected.
The Land Trust AdvantageThe Kansas Land Trust is in the business of land protection. It accepts only conservation easements granted in perpetuity and is committed to upholding the terms of the easement, forever. Sometimes, a land trust like KLT works in partnership with another nonprofit organization or public agency, maintaining easement integrity.
While any landowner may attach conservation restrictions to a property title before transferring it, an owner who donates a conservation easement to the Kansas Land Trust can be assured that compliance with the identified protective goals will be strictly enforced. The easement property shall be monitored regularly by KLT specialists. And, future owners shall not alter the land contrary to the owner's originally specified wishes-wishes that carry into the future.
QUESTIONS & ANSWERS ABOUT
Conservation Easements
A conservation easement provides a practical, legally effective means for a private landowner to protect forever the significant features of a property, or a portion of a property, while retaining private ownership. By defining and removing particular rights from the ownership of a parcel of land, the conservation easement creates permanent safeguards against uses of the land that could damage or destroy its conservation values.
Each conservation easement is written specifically to address the needs and desires of the owner, the natural characteristics of the land, and the conservation objectives of the protecting organization. Conservation easements are most often donated to nonprofit conservancy organizations, such as the Kansas Land Trust, or to a governmental agency.
What is protected by conservation easements?Easements allow landowners to permanently protect lands that are significant because of their value as wildlife habitat, such as wetlands, forests, riparian areas, or prairies. They can be used to preserve open space, including farmland, scenic vistas, and recreational corridors. They also allow landowners to utilize limited development of a portion of land while preserving the natural or cultural resources on the same tract. Many easements have multiple benefits. A conservation easement on a riparian area, for instance, can protect wildlife habitat, enhance aesthetic and economic values of surrounding lands, provide for recreational activities, and improve flood control and water quality.
Each conservation easement is unique to the site and its owner's personal wishes. For example, a farmer might remove the right to pave over or build upon fertile fields; some owners might welcome birdwatchers, while others might value complete privacy-public access is not required in a conservation easement; the fortunate steward of a rare wildlife habitat might restrict development of any kind.
How do conservation easements relate to property rights?Every landowner is the holder of certain rights related to the use of land and its resources. Historically, some of these rights-such as mineral and timber rights-have been used, taxed, or transferred separately from outright ownership. Road and utility easements also are examples of modifications of the rights of exclusive ownership. A conservation easement arises out of this principle of separating and modifying land ownership rights.
A conservation easement is created by a landowner (the "grantor") who desires to transfer certain rights to a conservation organization (the "grantee"), under an agreement which prohibits the grantee's exercise of those rights. Working cooperatively, the landowner and the grantee identify appropriate uses for the land and detail activities that should be prohibited. For example, a landowner may transfer the right to use a property for residential development to the grantee. The grantee organization then holds that right, but is prohibited by the terms of the conservation easement from ever using it. Thus, it is assured that no future owner will have the right to use the property for residential development. Conservation easements are perpetual, restricting future land uses regardless of who may own the land in the future.
Land subject to a conservation easement is still privately owned and managed. All rights of ownership which have not been transferred to the grantee may be exercised by the current owner. For example, a landowner may transfer the rights to develop a property for commercial, industrial, or multi-residential purposes while retaining rights to use the land for farming or for the owner's personal residence.
Who can grant a conservation easement?Any owner of qualified property may grant a conservation easement. In the case of multiple ownership, all owners must consent to granting an easement.
Who accepts or holds conservation easements?Under Kansas state law (K.S.A. 58-3810 et seq.), a conservation easement may be held by a nonprofit conservation corporation or by a federal, state, or local government. The Kansas Land Trust, which was incorporated by Kansas citizens in 1990, meets all of the qualifications of this Kansas law as well as those imposed by federal law to qualify as a tax-exempt charitable institution under section 501(c)(3) of the Internal Revenue Code. The conservation easement becomes a permanent part of the title, recorded with the county Register of Deeds in Kansas.
Does a conservation easement grant public access to land?The protecting property owner has the choice of whether access is permitted on the land. A landowner may allow limited access for educational or scientific purposes, but public access is not required by the Kansas Land Trust as a condition of accepting a conservation easement. However, KLT is obligated to arrange an annual visit to the site by its representatives to assure compliance with the terms of the conservation easement.
Does a conservation easement restrict a landowner's ability to sell, develop, or bequeath land in the future?Land protected by a conservation easement may be sold, bequeathed or otherwise transferred at any time. An easement may apply only to certain portions of property, preserving open or wooded areas, for example, while permitting development of the remainder. If the landowner deems it appropriate, a property-or a portion thereof-protected by a conservation easement may be divided for purposes of limited or cluster development. Transfer of ownership will not affect the integrity or enforceability of the easement. Restrictions defined in the recorded conservation easement run with the title to the property forever, providing landowners an effective means of perpetuating their caring stewardship.
How are conservation easements enforced?At the time a conservation easement is created, plant and wildlife inventories are added to photographic information to provide a baseline for future monitoring. Annual visits are arranged by the Kansas Land Trust in order to determine that the terms and conditions of the conservation easement are being honored.
If a violation is identified, the landowner is promptly notified, in accordance with procedures outlined in the conservation easement, and steps must be taken to repair any damage. The easement also defines the process to be followed to resolve disputes regarding an alleged violation of the easement. If necessary, KLT will take legal action to fulfill its conservation easement obligations.
A Stewardship Fund has been created to cover future expenses of monitoring, enforcing compliance with easement restrictions, and underwriting legal defense of the easement protections.
