Support Grows For Agriculture Land Preservation

Published, August 12, 2001, The Steamboat Pilot

By: Richard Tremaine


    Ten years ago, there was no local office or local support system in place for the landowner who wanted to limit the land’s development potential and preserve the land’s agricultural opportunities.  Today, with several thousand acres of land in conservation easements, this situation has changed dramatically.  State and national land trust organizations that once had to be courted, now come  voluntarily to Routt County for the opportunity to participate in a region of major conservation successes.  What was an occasional event – the donation of an agriculture easement to a land conservation organization – has become and ongoing process which combines sales and donations, and which involves a number of local businesses.
     Aside from a strong local impetus for land conservation, there have been major financial commitments made by federal, state and local governments in this same ten year period.  The federal government has appropriated funds for the preservation of agricultural lands, the state government, through Great Outdoors Colorado (“GOCO”), has made a major  commitment to the Yampa River valley; Routt County taxpayers approved a tax increase that allows the County to purchase development rights from landowners.  The City of Steamboat Springs appropriates money each year for land conservation efforts which frequently extend beyond the City’s boundary.
     Historically, the incentive to a property owner was some possible tax benefits for a charitable contribution of a conservation easement, which might combine with the owner’s love of the land or a life style to bring about such a gift.  However, with cluster development options and incentives from Routt County, and with potential government funds for purchase of some development rights, the options have become much more complex.
     This community is fortunate to have two non-profit land conservation organizations with a full-time staff presence here – The Nature Conservancy and the Yampa Valley Land Trust.  These land conservation organizations provide a wealth of information on all of the programs and opportunities that are available.  They can explain the general process and costs of embarking upon a conservation easement donation effort.  And, they can refer the owner to some of the knowledgeable professionals who will be able to assist the owner’s effort.
     The local businesses and professionals who assist an owner with easement donations or sales include: accountants who are familiar with federal and state tax implications of a gift or sale of a conservation easement; attorneys who are familiar with real estate transactions and with conservation easements in particular; appraisers who have both the credentials and the experience to value a property “as is” and “if subject to the conditions of a specific conservation easement”; and, land planners or wildlife experts who can identify the agriculture or conservation values that are appropriate for protection.  In the complicated business of conservation easements, this collective expertise is essential for even a simple conservation easement.
     In addition, there are frequently other professionals whose knowledge and skills are necessary for an easement effort to come together.  Due to mineral rights issues, some sites will require a geologic evaluation.  Surveyors can be required to delineate an area that is being set aside for some future family house site.  In other circumstances, a realtor, a banker and an engineer may be necessary for the transaction to work.  If public funds are involved then there will be government staff involved, and in all transactions a real estate title company, and the considerable efforts of a land conservation organization.
     The net result of all of this activity is that land conservation has become a significant regional business and an integral part of this region’s economy.  Millions of dollars come into the region from state and local government funding, and other funds come in the form of purchases by conservation buyers (people buying land for the purpose of conserving it) and in the form of general gifts or contributions to the charitable organizations that do land conservation work in this area.  And, as suggested above, the professional support needed for a single transaction to work for the owner’s best interests can be substantial.
     For further information about regional  land conservation activities, the best local resources are available at the offices of The Nature Conservancy and the Yampa Valley Land Trust, in Steamboat Springs.

 

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