Topic
Conservation Easements
399 published works
Wills, Trusts & Estates Prof Blog
A Land Trust Can Lead To Big Tax Savings
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…
Nonprofit Law Prof Blog
Minnick v. Commissioner—9th Circuit’s Unpublished Holdings in Conservation Easement Donation Case
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…
Nonprofit Law Prof Blog
Minnick v. Commissioner – 9th Circuit Affirms Tax Court, Mortgages Must Be Subordinated When Conservation Easement is Donated
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…
Land Use Prof Blog
Can’t Substitute an MOU for an Exacted Conservation Easement
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…
Land Use Prof Blog
Can you enforce a conservation easement against the holder?
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…
PropertyProf Blog
Owley on Cultural Heritage Conservation Easements
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…
Nonprofit Law Prof Blog
SFC working group, individual provisions, part 2
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…
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
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)…
Wills, Trusts & Estates Prof Blog
A Choice When Using Conservation Easements
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…
Land Use Prof Blog
Cheever & Owley on Enhancing Conservation Options
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…