Conservation easements can be a used to reduce tax liability if a taxpayer owns land that is not intended for development, though the use of conservation easements has come under some scrutiny by the IRS.
What Is a Conservation Easement?
A conservation easement is a restriction on the owner's use of the property. A popular form is the open space or scenic easement, wherein the owner of land agrees to set the land aside to preserve natural, scenic, historic, scientific and recreational areas, for public enjoyment.
The deductible value of the easement is generally determined using a "before and after" approach. That is, the value of the total property owned by the taxpayer (including adjacent property that is not encumbered by the easement) before granting the easement is determined. Then, the value of the property after granting the easement is subtracted to determine the value of the easement.
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