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Conservation Easements

399 published works

  1. Wills, Trusts & Estates Prof Blog

    A Land Trust Can Lead To Big Tax Savings

    By Gerry W. Beyer

    Large holdings in land can lead to major tax consequences especially when the basis is low due to long time ownership. However, creating a land trust with a conservation easement…

  2. Nonprofit Law Prof Blog

    Minnick v. Commissioner—9th Circuit’s Unpublished Holdings in Conservation Easement Donation Case

    By nonprofitlawprof

    In Minnick v. Commissioner, _ F.3d _ (9th Cir. 2015), the 9th Circuit affirmed the Tax Court’s holding that, to be eligible for a charitable income tax deduction for the…

  3. Nonprofit Law Prof Blog

    Minnick v. Commissioner – 9th Circuit Affirms Tax Court, Mortgages Must Be Subordinated When Conservation Easement is Donated

    By nonprofitlawprof

      In Minnick v. Commissioner, _ F.3d _ (9th Cir. 2015), the 9th Circuit Court of Appeals affirmed the Tax Court’s holding that, to be eligible for a deduction for…

  4. Land Use Prof Blog

    Can’t Substitute an MOU for an Exacted Conservation Easement

    By Jessica Owley

    A typical rather lengthy land use dispute in New Jersey highlights some of the issues that arise with exacted conservation easements.Asbury Farms, a landowner in Washington Township, New Jersey, sought…

  5. Land Use Prof Blog

    Can you enforce a conservation easement against the holder?

    By Jessica Owley

    Here is an interesting case from Missouri:In Rodgers v. Vilsack, (E.D. Missouri July 23, 2015), a participant in the federal Wetlands Reserve Program challenged the United States' decision to fine…

  6. PropertyProf Blog

    Owley on Cultural Heritage Conservation Easements

    By Steve Clowney

    Jessica Owley (Buffalo) has posted Cultural Heritage Conservation Easements: The Problem of Using Property Law Tools for Heritage Protection (Land Use Policy) on SSRN.  Here's the abstract:Conservation easements are quickly…

  7. Nonprofit Law Prof Blog

    SFC working group, individual provisions, part 2

    By nonprofitlawprof

    As described yesterday, the Senate Finance Committee’s bipartisan tax working group selected two extender provisions for discussion as consensus items: the IRA distribution provision and conservation easements. The two options on…

  8. Nonprofit Law Prof Blog

    Bosque Canyon Ranch v. Comm’r—Partnerships Denied Deductions for Conservation Easements Allowing Movable Homesites and Taxed on Disguised Sales of Homesites

    By nonprofitlawprof

    In Bosque Canyon Ranch v. Comm'r, T.C. Memo. 2015-130, the Tax Court denied $15.9 million of deductions claimed by partnerships for the donation of conservation easements on two grounds: (i)…

  9. Wills, Trusts & Estates Prof Blog

    A Choice When Using Conservation Easements

    By Gerry W. Beyer

    Conservation easements has become popular in recent years as they potentially provide a tremendous tax advantage. Essentially, a person transfer the rights to future development of the property and agrees…

  10. Land Use Prof Blog

    Cheever & Owley on Enhancing Conservation Options

    By Stephen R. Miller

    Congratulations to fellow blogger, Jessica Owley, on the forthcoming publication of her new article in the Harvard Environmental Law Review.  The article, Enhancing Conservation Options: An Argument for Statutory Recognition of…