This place on earth: with land trusts, profiting and protecting go hand in hand.A brief path through the woods leads to an open, sun-drenched field full of wildflowers. Past a tumble-down stone wall, more) woods, and paths, await. Beyond the fields' perimeters are the palatial pa·la·tial adj. 1. Of or suitable for a palace: palatial furnishings. 2. Of the nature of a palace, as in spaciousness or ornateness: a palatial yacht. homes that inhabit in·hab·it v. in·hab·it·ed, in·hab·it·ing, in·hab·its v.tr. 1. To live or reside in. 2. To be present in; fill: Old childhood memories inhabit the attic. this well-to-do section of Fairfield, Connecticut--groomed lawns stretching like golf courses; manicured bushes like so many puffs of a poodle's tail. Even on the preserved paths of this section of the Aspetuck Land Trust, one can hear the rush of highway traffic just ahead. But in an area of the country given to giant homes and crowded condo complexes, these 14 acres of woods, wetlands and fields are preserved because in the 1980s their former owner, Ernest Tillman, thought they were worth saving. "We preserve land for three primary reasons," says Aspetuck Land Trust Executive Director Bruce LePage, "for passive recreation, for habitat and to preserve rural characteristics and scenic views." In total, the Aspetuck Land Trust is protecting 1,700 acres of Connecticut land from future development. [ILLUSTRATION OMITTED] "For a flat-out donation, there's a very good tax allowance," says Culver cul·ver n. A dove or pigeon. [Middle English, from Old English culufre, from Vulgar Latin *columbra, from Latin columbula, diminutive of columba, dove.] Modisette, the president of the Northern Connecticut Land Trust. Groomed trails open to the public are one indication that land has been donated outright to a nonprofit A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive. Nonprofits are also called not-for-profit corporations. Nonprofit corporations are created according to state law. land trust, or bought by the land trust through federal and private donations. Many more land owners will opt for "conservation easements EASEMENTS, estates. An easement is defined to be a liberty privilege or advantage, which one man may have in the lands of another, without profit; it may arise by deed or prescription. Vide 1 Serg. & Rawle 298; 5 Barn. & Cr. 221; 3 Barn. & Cr. 339; 3 Bing. R. 118; 3 McCord, R. ," in which owners transfer any future development rights to a land trust but are able to keep the property private. Terms of the agreement vary considerably. A certain number of homes may be allowed on site, and larger parcels can be subdivided and sold separately, in which case the easement easement, in law, the right to use the land of another for a specified purpose, as distinguished from the right to possess that land. If the easement benefits the holder personally and is not associated with any land he owns, it is an easement in gross (e.g. applies to all the smaller lots. Farmers may continue to farm the land, and hunting or other activities may be allowed. The owner receives the percentage of the appraised value An appraised value (USA) or mortgage valuation (Australia) pertains to the assessed value of real property in the opinion of a qualified appraiser or valuer. It is usually used as a pre-qualification & risk-based pricing factor related to the issuance of mortgage loans by a of the land equal to the cost of the development rights (from 40 to 60 percent), either in cash or tax deductions Tax deduction An expense that a taxpayer is allowed to deduct from taxable income. tax deduction See deduction. , and keeps the property. The land trust sends monitors once or twice a year. In either case, the land is preserved in perpetuity Of endless duration; not subject to termination. The phrase in perpetuity is often used in the grant of an Easement to a utility company. in perpetuity adj. forever, as in one's right to keep the profits from the land in perpetuity. and the agreement is binding on future owners. Resisting Developers When the value of land soars, the landowner faces huge tax burdens and is pressured to sell to developers. By donating his or her land to a land trust, the owner realizes a state and federal income tax deduction and significant property and estate tax savings. That's particularly useful to farmers and ranchers who are unable to bear the cost of their land as nearby lots get turned into high-value housing. [ILLUSTRATION OMITTED] "In Santa Barbara Santa Barbara (săn'tə bär`brə, –bərə), city (1990 pop. 85,571), seat of Santa Barbara co., S Calif., on the Pacific Ocean; inc. 1850. and coastal California Coastal California refers to the coastal regions of the US state of California. The term is not primarily geographical as it also describes an area distinguished by sociological, economical and political attributes. , people are buying rural land at prices that don't make sense if it was intended for agriculture," says Michael Feeney, executive director of the Land Trust for Santa Barbara County. "Conservation easements are a way for landowners to get equity without selling, subdividing or giving up the resource value they appreciate." The conservation tax incentive in place over the past year, set to expire in December, targets those middle-income land owners by raising the maximum deduction donors can take from 30 to 50 percent of their yearly income. This allows donors to deduct up to 100 percent of their income and extend the tax deductions from the original five to 15 years. The nonprofit Land Trust Alliance is working to make the incentive permanent. The number of acres protected under land trusts doubled between 2001 and 2005, to 37 million acres. A plethora of new trusts are forming--there are now 1,667 in the U.S. "We aren't trying to stop development," says Modisette, "but you can be intelligent about it." BRITA BELLI is managing editor of E. CONTACTS Land Trust for Santa Barbara County Phone: (805)966- 4520 Aspetuck Land Trust Land Trust Alliance 1319 F Street NW Suite 501 Washington, DC 20004-1106 Phone: (202) 638-4725 |
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