#conservation easement

Introduction An easement refuge is a special type of National Wildlife Refuge under the auspices of the United States Fish and Wildlife Service (FWS). Conservation easement boundary sign. Outline Such refuges exist on privately owned land, with the law of easements guaranteeing their status. On an easement refuge, the Refuge boundaries encompass private land and the FWS does not own the…

Introduction In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified land conservation organisation called a “land trust”, or a governmental (municipal, county, state or federal) entity to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner so…

Interpreting Conservation Easements and When New Structures are Allowed

Image of tractor in field by Chesapeake Bay Program The article is not a substitute for legal advice.              The Court of Special Appeals of Maryland recently reversed the Circuit Court for Howard County’s granting of summary judgment involving how to interpret a conservation easement.  At issue in the decision is whether the easement allowed for additional residences to be built on the…

Conservation easement protects resources in Macon County

  A recently conserved piece of land in Macon County, NC includes a federally significant marsh, a scenic view and a portion of the Nantahala River.

Mainspring Conservation Trusthas conserved more than 205 acres in the Rainbow Springs area of the county’s western portion, and that land is now part of a larger node of privately conserved property that totals 2,619 acres and abuts the Nantahala…

The 1972 Federal Aviation Administration Building (FAA) in Hawthorne is protected by an easement held by the Conservancy. Photo by Adrian Scott Fine/L.A. Conservancy.

The phrase “everything old is new again” is fitting for historic preservation work. Through the passage of time, places that once might have been derided and misunderstood come into their own and are “rediscovered.”

It happened with Victorian homes, for example, which were considered past their prime in the 1950s and ‘60s, and many were demolished in this time period. But those that remained came to be appreciated again by the 1970s and ‘80s. A similar storyline has followed Art Deco, Craftsman, and numerous other architectural styles. We generally lose a lot of these kinds of places as we wait for the public’s appreciation for them to catch up.

Excerpt from this Mother Nature Network story:

The descendants of John Winthrop, founder of the Massachusetts Bay Colony nearly 400 years ago, recently set aside 14,000 acres along the Savannah River that will forever remain undeveloped. It's the largest private conservation easement in South Carolina history.

Its significance, though, goes well beyond the creation of a natural bulwark against overdevelopment and forest loss.

A bevy of private, commercial, nonprofit and government donors, including the National Fish and Wildlife Foundation, cobbled together the $12.2 million deal — with the Winthrop family donating 70 percent of the easement's cost. Timber harvesting, hunting and fishing will continue on the property, known as Groton Plantation, to the benefit of the local economy. And the 13,868-acre tract of swampy hardwoods and upland pines fills a major hole in an under-construction, 100-mile corridor along the Savannah River. Myriad threatened, endangered and at-risk species, including red-cockaded woodpeckers and gopher tortoises, will find safe haven.

The Lawrence and Martha Joseph Residence and Apartments, an important example of Storybook architecture in Los Angeles, are protected from demolition and incompatible alterations thanks to an easement held by the Conservancy. Photo by Adrian Scott Fine/L.A. Conservancy.

Saving historic places rarely takes a one-size-fits-all approach; the Conservancy most often applies a different set of tools and strategies in each case. While much of our work typically involves years of effort nudging a project toward a preservation outcome, the best way to permanently save a historic resource is through a conservation easement. An easement is a legal agreement recorded on the title of the property that runs in perpetuity with the deed, regardless of the owner.

Easements in a Nutshell

An easement is a private or partial legal interest transferred by a property owner to a qualified preservation nonprofit organization (in this case, the Conservancy) or government entity. The owner continues to own the property but transfers the specific set of rights represented by the easement to the easement-holding organization. As the easement-holder, the Conservancy is responsible for monitoring the property’s condition, reviewing any proposed changes to the property, and ensuring that any alterations conform to the Secretary of the Interior’s Standards for Rehabilitation (nationally recognized and widely used preservation standards). 

Since accepting our first conservation easement in 1981, we have worked to ensure long-term protection and preservation for some of the most visible landmarks throughout Greater Los Angeles. Easements come to us in various ways, sometimes as a result of an advocacy effort. When the 1931 Pellissier Building and Wiltern Theatre faced demolition in 1979, the Conservancy helped to delay demolition by negotiating with the City, providing a feasibility study for alternative use, and holding a massive public rally. Backed by hundreds of supporters, the effort lead to the Conservancy’s first major victory. Developer Wayne Ratkovich rescued the building by purchasing it, completing an extensive sensitive restoration, and donating an easement on the property to the Conservancy.

Why People Donate Easements

Many owners of historic landmarks look to conservation easements because they provide even stronger protection than traditional landmark or historic district designation. Many local preservation ordinances allow for only a delay, not denial, in the demolition of a designated landmark, as is currently the case in Los Angeles. Easements also are not subject to political issues that can threaten designated properties.

While many owners have the best intentions and wishes for their historic properties, future owners may not share the same values. As we have seen all too often, it is risky to assume that future owners will continue to preserve a historic structure, even if they voice such intentions. Residences, especially from the mid-twentieth-century, can be particularly vulnerable. As original or longtime owners move or pass away, the properties they stewarded for decades can be seen as dated, in need of too much repair, or simply inferior to the development potential of the lot.

An easement requires both current and future owners to properly maintain the property, and it provides a legal means of enforcement. Because easements are recorded on the title for the property and run in perpetuity, regardless of the owner, they serve as a vital tool to protect historic places for future generations.

Some people donate easements to take advantage of potential economic incentives. For qualified projects, an owner may be able to take a charitable contribution deduction from their federal income taxes for the value of the conservation easement, if the contribution meets Internal Revenue Service requirements. 

The value of an easement for the purposes of the federal tax deduction varies by property, based on a qualified appraisal performed by a qualified appraiser. The property’s development potential can also affect the easement value. For instance, properties that theoretically could otherwise be redeveloped at a much higher density might have a higher value of the easement deduction. Anyone donating an easement should obtain solid tax and legal advice specific to their circumstances. 

Conservation easement properties are generally privately owned by individuals or organizations who wish to see them preserved, not harmed, and are outstanding stewards. Though ready if necessary, the Conservancy has not yet needed to take legal action to defend and enforce any of our easements. 

Every Easement Tells a Story

The Conservancy holds a façade easement on the Casa de Parley Johnson in Downey. Photo by Adrian Scott Fine/L.A. Conservancy.

Most of the Conservancy’s easements cover only the exterior of protected buildings, typically only the façades. Depending on the owner’s intent and the particular property, an easement might be much more detailed and specific. The Lawrence and Martha Joseph Residence and Apartments is a good example. Built between 1946 and 1970, this is one of the most significant examples of Storybook architecture in L.A. Nicknamed “the Hobbit Houses,” the eclectic cottages were designed by Lawrence Joseph, a former Walt Disney Studios artist who later worked on classified aircraft design projects for the Lockheed “Skunk Works” facility in Burbank. The Conservancy holds an easement protecting the original landscaping, as well as the exterior façade and interior features created by Joseph.

Not all of the Conservancy’s easement properties are located in L.A. In Downey, the Conservancy holds a façade easement on the Casa de Parley Johnson, a two-story Monterey-style residence designed and built in 1927 by noted architect Roland Coate. Built for Parley Johnson, a prominent local citrus farmer, and his wife, Geline “Gypsy” Johnson, the home and its gardens were originally situated in the center of the Johnsons’ fifty acres of orange groves. Surrounded by whitewashed walls, the house features balconies and patios integrating the interior spaces with the outdoors. Parley Johnson’s widow Gypsy lived in the house until her death in 1986, when it was bequeathed to the Assistance League of Downey.

Conservation Easement Nearing Completion

Thanks to generous donors, the Coldwater Farm conservation easement is almost complete. During the spring we’ve had several guided bird walks to reward contributors. The walks were led by ornithologists Ryan Crouse and Carl Tomoff. A final walk, for contributors of $1,000 or more, is in two weeks. It will be led by field ornithologist Felipe Guerrero and…