Establish a Conservation Restriction: People who grant Conservation Restrictions share a desire to protect and enhance forever the natural scenic and cultural resources of the community. Since 1970, OCT has worked with 36 families, placing more than 175 acres under a conservation restriction.
What is a Conservation Restriction? A conservation restriction (CR) is a legal agreement between a property owner and a land trust (or government entity) permanently restricting the uses and activities that may take place on all or a part of a property in order to protect the land's conservation values. Each CR is tailored to the property, the interests of the owner, and the policies and purposes of the restriction holder.
The property owner continues to own the land, and can sell it or pass it on to heirs. The CR "runs with the land"- meaning the original owner and all subsequent owners are bound by the restrictions. The CR is recorded at the Barnstable County Registry of deeds so that all future owners and lenders will learn about the CR when they obtain title reports.
Why Grant a CR? People grant CRs to protect their land from inappropriate development while retaining private ownership. By granting a CR in perpetuity, and owner may be assured that the resource value of the property will be protected indefinitely, no matter who owns the property in the future.
How Restrictive is a CR? A CR limits uses and activities to the degree necessary to protect the significant conservation values of the property. Sometimes this totally prohibits construction, sometimes it doesn't. A CR offers great flexibility.
Must a CR Allow Public Access? Landowners who grant CRs make their own choice about whether to open their property to the public.
How Can Donating a CR Reduce a Property owners Federal Income Tax? The donation of a CR may be a tax-deductible charitable gift, provided the CR is perpetual and is donated exclusively for conservation purposes to a qualified conservation organization, such a OCT.
How is the Income Tax Deduction Calculated? To determine the value of the CR donation, the owner hires an appraiser, who determines the fair market value of the property "as-is", meaning without the CR in place, and the fair market value of the property as restricted with the CR
. The difference in these two values is the value of the CR donation. For a CR, recorded in 2011, the income tax deduction can be claimed against 50% of the owner's adjusted gross income each year for up to sixteen years.
Can Granting a CR Reduce Property Taxes? Property tax assessment is usually based on the property's market value, reflecting the development potential of the property. If a CR reduces that potential, it will reduce the assessment, and, thus, the property taxes.
How Can Granting a CR Reduce a Property Owner's Federal Estate Tax? A CR can be used as an estate planning tool to reduce estate taxes. If the landowner has restricted the property by a perpetual CR before his or her death (or the executor restricts it after death), the property must be valued on the estate at its restricted value. Thus, the value of the estate will be less, and estate taxes will be reduced.
For more information about Conservation Restrictions and Tax benefits visit The Compact of Cape Cod Conservation Trusts' website at
www.compact.cape.com