Legacy Land Trust was formed in 1996 as an offshoot of the Bayou Preservation Association, a Houston group dedicated to
protecting the bayou systems of Houston. To better protect the bayous, and the water quality that flows into them,
Legacy Land Trust was born to protect the remaining open space lands surrounding these bayous.
There are close to 1,300 land trusts throughout the United States. Most, like Legacy Land Trust, work in a specific geographic area, protecting the natural spaces in their region. In Texas, there are close to 30 land trusts, with about 1 2 organizations doing specific land trust work – which is specifically to acquire and/or preserve lands. Because Legacy Land Trust’s work is focused in the large Houston region, our most effective efforts are placed in doing land preservation agreements, otherwise known as conservation easements.
These land preservation agreements are made with willing landowners who agree to set aside their land permanently from future commercial development in order to maintain the natural habitat of their property. It is important to note that these are voluntary agreements between the landowner and Legacy Land Trust; we are not in any way a state or federal agency. But the federal government does specifically authorize land trusts (not just any 501(c)(3) agency) to hold these conservation agreements, which are formal, legal documents which are recorded in the County records wherever the land is located.
Conservation easements are legal agreements between a landowner and a land trust that allow the landowner to retain ownership of their land, while permanently giving up certain rights that would endanger the property's integrity, or conservation values. A conservation easement is flexible and often a good option for landowners because it has no set requirements, and may be tailored to suit the landowner's needs. For instance, farm or ranch land may be protected from future development while allowing the landowner to continue farming the land. A landowner may also retain the right to build a house on a designated portion of land, while preserving the rest of the land and its primary conservation values (i.e., land near streams or wetlands might be preserved, while allowing a homesite in a less-sensitive upland area).
The major benefit to landowners is that their property liability is decreased dollar-for-dollar by the value of the conservation easement, up to a certain level. Therefore, if a landowner donates a $100,000 conservation easement, he/she may take a $100,000 income tax credit over the next several years, and potentially benefit from a significant drop in estate taxes.
While no land trust can advise you on the actual tax benefit of donating a conservation easement (you'll need a tax advisor for this), they can help you determine if your land has potential for conservation, and if so, how to proceed with the best conservation strategy for you. Regardless, the best strategy for considering any conservation option is to contact Legacy Land Trust and ask about different ways in which you may be able to find a solution to protecting your land for the benefit of the public and the environment.