Questions About Land and Easements

Q: What is a land trust?
A: Conservation easements are usually donated to private organizations called land trusts. A land trust is a nonprofit charitable organization that protects land for its natural, historic, or economic value. The land trust is responsible for visiting the property one or more times annually to make sure that the terms of the easement are followed. The land trust may also support the landowner by providing expertise or assisting with management activities on the property. The land trust can provide oversight and assistance and allow the landowner to conserve private property without governmental restrictions.

Q: How long does an easement last?
A: Most conservation easements are permanent. A property under conservation easement may be sold or inherited, but future owners of the land must follow the terms of the easement. Permanent conservation easements may confer tax benefits to the donor.

Q: Do Conservation Easements allow public access on my property?
A: Conservation Easements DO NOT require public access. They also DO NOT change ownership or control of a property, prevent use or future sale of the property, or necessarily prohibit all future development of the property. If an easement donor does wish public access for educational or environmental recreation, the easement can be written to allow for this.

Q: Will a conservation easement result in the loss of my control over the management of my land?
A: Land use restrictions found in TLC's conservation easements put limitations on future development of the property in order to retain the land’s natural capacity and open character.  The terms of TLC's conservation easements are designed to have minimal effect on the day-to-day management decisions of the landowner.


Questions About TLC

Q: How is your organization different from other land trusts in Texas?
A: While many land trusts share the same basic goals, some work on specific geographic regions or specialty projects. TLC is one of the oldest Texas based land trusts, and one of the few that work statewide.

Q: Who owns the land that you preserve?
A: TLC owns a little over 30 of its preserves. We are a non-profit, 501(c)3 organization as defined by the IRS. Lands under conservation easements continue to be owned by the individual or institution, not TLC.

Q:How do you decide which projects to undertake?
A: Since we work statewide, we focus on projects that are ecologically representative of the eco-region which they are in. Of the ten distinct eco-regions in the state, we own property or hold easements in nine. We also place high priority on those properties with riparian areas and/or threatened or endangered species .

Q: Where do you get your funding?
A: Like all non-profits, we depend on contributions for almost all of our funding. Much of our operational funding comes from individuals and foundations. Money for purchasing land comes mostly from private foundations, public agencies, or special fundraising campaigns.

Q: What will you do with my contribution?
A: Individual contributions provide critical support for things like the transaction costs associated with land protection, the substantial costs of managing our nature preserves, conservation planning efforts and much more. We take pride in keeping our administrative costs low so that contributions have a direct impact on our conservation mission.

Q: How much do you pay your Board of Directors?
A: Nothing. Our board, like most nonprofit boards, is entirely voluntary. We are fortunate to have a dedicated board with a broad range of expertise in legal, financial, education, art, and business backgrounds. However, we always welcome help from volunteers.

Q: Is there any cost to me in placing my property under conservation easement?
A: Yes. There are some costs accrued by the landowner in placing a Conservation Easement on a property. Please see our page on TLC's conservation easement for details of this process.

Q: How can I help?
A: Donations are critical to TLC's success. Please visit our membership and donation page for info.  We also rely on volunteers to help manage and act as stewards on our preserves. Please see our volunteer page.

Q: What is a "qualified" conservation easement agreement?
A: A donated conservation easement may be "qualified" as a charitable gift eligible for state and federal income tax benefits if it preserves natural habitat, preserves open space (including agricultural land) for scenic enjoyment or pursuant to a specific government policy, preserves land for public recreation or education, preserves historically important land or certified historic structures.
 
For more information please see Internal Revenue Code Section 170(h), Treasury Regulations Section 1.170A-14, and the Colorado Department of Revenue's recently updated FYI Income 39. Additional information is provided in our Conservation Easement Information Packet.

Have another question? Please contact us!