Conservation easements offer both financial and intrinsic value

To the Editor:

Thank you for the excellent article (May 30, 2019) on conserving farmland. Although the emphasis was on preservation of farmland, non-agricultural traditional conservation easements also preserve open space.

The primary function of a traditional conservation easement is to prevent development. The primary function of an agricultural conservation easement is to preserve prime farmland. Both preserve open space.

Under an agricultural conservation easement, a farm’s development rights are purchased by New York State. The farmer is paid 75 percent of the difference between the property's pre-easement (open market) value and post-easement (restricted use) value.

Under a traditional conservation easement, New York State does not pay the landowner for the development rights. However, a traditional conservation easement does have other benefits.

First, depending on local tax policy, the assessed value of the easement-restricted property may be lowered thereby reducing property and school taxes. Secondly, the uncompensated difference between the pre- and post-easement value can be deducted as a donation from the landowner’s income tax. Third, the landowner receives from New York State a yearly 25-percent refund on his or her property tax.

I am on the board of the Schoharie Land Trust, a not-for-profit, volunteer organization dedicated to the preservation of open space. We have protected well over 2,000 acres of open space through dozens of traditional conservation easements.

Recently, New York State offered a grant to land trusts to help pay farmers for the high cost of re-assessment required for an agricultural conservation easement. This will ease the initial financial outlay for farmers interested in the program.

Many older farmers need money for retirement. Other farmers need an influx of cash to maintain their operation.

Although New York State will pay a farmer who commits to an agricultural conservation easement 75 percent of the drop in assessed value, our organization cannot afford to pay the remaining 25 percent. Hopefully, farmers who need money to continue their operations or who wish to retire but want their farm to remain an agricultural entity will generously “swallow” this otherwise unrewarded drop in value.

Aside from the financial benefits of both forms of conservation easements there is an intrinsic value of knowing that the property you own will forever remain as open space and never be developed.

Charles Rielly

Guilderland

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