Kansas Land Trust
Creating a Conservation Easement with KLT

LANDS TO PROTECT:


Qualifying Criteria

The Kansas Land Trust takes its stewardship role seriously. Once it accepts a conservation easement, KLT must protect the property forever, "in perpetuity." This is a significant commitment of the personal and financial resources of the Kansas Land Trust, but it is a promise that can never be ignored or broken. Consequently, the Board of Directors must carefully evaluate each proposed easement with respect to KLT's conservation goals and managerial abilities and the real public benefits indicated.

Attributes of Land Candidates

  • The property is within the state of Kansas.
  • The owner, who is willing to grant the conservation easement for the property through a legally binding agreement that is perpetual and enforceable, must have clear legal title to the property.
  • The property is in relatively undeveloped natural condition or agricultural use, and large enough (usually more than 20 acres) that its conservation value is likely to remain intact, even if adjacent properties are developed.

    KLT Priorities

  • Lands that contain endangered, threatened, or rare species or natural communities.
  • Lands that contain, or have the potential to contain, ecosystems of educational or scientific value.
  • Lands that are recognized to possess outstanding scenic qualities.
  • Wetlands, floodplains, or other lands necessary for the protection of water quality.
  • Prairies, woods, and other indigenous communities.
  • Lands of agricultural, forestry, hydrological, geological, or wildlife habitat significance.
  • Lands adjacent to, or encompassed within, publicly-owned or protected lands.
  • Buffer areas adjacent to existing Kansas Land Trust lands or other protected lands.
  • Lands within greenbelts or natural area corridors. KLT is particularly interested in protecting properties that are important for the movement of wildlife between habitats or through developed areas so that natural areas do not become isolated.

    Factors Leading to Declining an Easement

  • The property is small, and there is little likelihood that adjacent properties will be protected.
  • Adjacent properties are being developed in a manner that is likely to significantly diminish the conservation values of the candidate property.
  • The landowner insists on provisions in a conservation easement that would, in the Board's opinion, seriously diminish the property's primary conservation value or KLT's ability to enforce the easement.
  • Another organization or agency deemed more appropriate by the Board is willing and qualified to hold the easement and to carry out long-term monitoring of the property.
  • There is reason to believe that an easement would be unusually difficult to monitor or enforce, as in the case of multiple or fractured ownerships, frequent destructive trespassing, fencing restrictions, irregular configuration, inadequate access to the property for monitoring, etc.
  • There is reason to believe that the land is subject to pollution or adverse effects from neighboring lands or from past use.
  • Inspection of the land by a qualified expert in botany, biology, geology, or other appropriate discipline does not support the claims or reports made regarding the land.
  • The property is associated with a development proposal that would create a perception problem for the Kansas Land Trust. Before accepting any parcel, consideration will be given to the political consequences and public perception of the conservation easement.

    COMPLETING A CONSERVATION EASEMENT


    A Step-By-Step Guide

    Thank you for contacting the Kansas Land Trust about donating a conservation easement. You have made an important decision in wanting to see that your land remains as it is for future generations. You and KLT will follow a number of steps on our way to the final signing and recordation of the Deed of Conservaton Easement, the legal document which will make your conservation plan official. You should consult with your own legal and financial advisors throughout the process.

    Steps
    • One
      • Ask KLT for information which may assist you.
      • KLT asks you for a legal description of your land, county-township-range designation, large-scale and locator maps, and other information.
      • KLT visits the site.
    • Two
      • KLT makes a preliminary assessment of your property to determine if it meets the qualifying criteria of lands to protect.
      • You and KLT talk about the need for long?term monitoring of your natural land and the Kansas Land Trust Stewardship Fund. If you decide to donate a conservation easement, you should consider making a tax-deductible contribution to the Stewardship Fund, perhaps using some of your savings in tax benefits which might result from donating the easement.
      • If you plan to claim an IRS income tax deduction, you investigate having a qualified appraiser's report completed near the date of signing the easement.
      • KLT provides you with a model Deed of Conservation Easement.
    • Three
      • KLT representatives begin to assist you in compiling an inventory of the conservation values of your land.
      • You and KLT can discuss what you plan for your land in terms of allowed practices and stewardship.
      • You write a "letter of intent" to donate a conservation easement to the Kansas Land Trust.
      • You inform KLT of your intentions regarding a Stewardship Fund donation.
      • You obtain a "subordination agreement" from your mortgage-lender, if appropriate. This is an agreement that ensures the easement will never be extinguished in the event of a foreclosure.
      • Photographs and other documents are assembled in order to establish a "baseline" definition of the property to be protected.
    • Four
      • More information and research is likely exchanged among you, KLT, and your legal and financial advisors.
    • Five
      • After meetings and discussion, you or your attorney suggest a first draft of your conservation easement (modifying the KLT "model" easement to reflect the unique conservation values of your land).
      • If you are interested in claiming an income tax deduction, you arrange for a qualified appraiser's report.
      • A survey of your land might also be needed.
      • A title search will be made. Any necessary responses to that resulting report will be carried out.
    • Six
      • You and KLT negotiate your conservation easement, fine-tuning the language.
      • Attachments to the easement are assembled, such as maps, reports, conservation features inventory, subordination agreement.
    • Seven
      • A final version of your easement is produced.
    • Eight
      • You and a KLT representative sign the easement and have it notorized.
    • Nine
      • KLT has your Deed of Conservation Easement recorded at the county Register of Deeds office.
    • Ten
      • KLT dedicates the easement--a time to celebrate!
    • Make a Donation