Topic
Conservation Easements
399 published works
California Land Use & Development Law Report
Agricultural Conservation Easements Partially Mitigate the Loss of Agricultural Land
By Marie Cooper
After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project’s conversion of agricultural land, the Fifth Appellate…
Nonprofit Law Prof Blog
Tax Court’s Invalidation of Conservation Easement Regs Will Shut Down DAF Guidance Too
The Tax Court is demanding the Service end its war on conservation easements and, in the process of enforcing that demand, has essentially slammed the breaks on any new administrative…
Nonprofit Law Prof Blog
Ugh! Tax Court Invalidates Conservation Easement Regulation
Yesterday, the Tax Court released an opinion about the validity of a quite technical regulation about what constitutes a valid conservation easement. It held that the regulation is not valid,…
Nonprofit Law Prof Blog
Tax Court Upholds Service’s Sledgehammer: Denies $20.7 Million Conservation Easement Deduction
In a 78-page opinion issued yesterday, the Tax Court upheld the Service's sledge-hammering of a conservation easement deduction for lack of a "qualified appraisal" and because the land with respect…
Wills, Trusts & Estates Prof Blog
Article: Incorporating Social Justice and Environmental Sustainability Into Estate Planning Through Conservation Easements
Trace Brooks (Atlanta, Georgia) recently published, Incorporating Social Justice and Environmental Sustainability Into Estate Planning Through Conservation Easements, ACTEC Law Journal, VOLUME 49, Number 1, Fall 2023 (pub 1/24). Provided…
Nonprofit Law Prof Blog
Moral Hazard and Conservation Easements Result in 48 Years in Prison
The deductibility of conservation easements creates "moral hazard," I think. Because valuation is like economics, and that like the weather. There's no rhyme or reason. Except, well, don't be a…
Agricultural Law and Taxation Blog
Conservation Easement Valuation Upheld – Reasonable Cause Defense at Issue
OverviewThe donation of a permanent conservation easement on farm or ranch land can provide a significant tax benefit to the donor. The donor can receive an income tax deduction equal…
Nonprofit Law Prof Blog
DOJ’s Latest Salvo in Battle Against Inflated Conservation Easement Deductions
DOJ filed a reply brief in the government’s latest offensive against illegitimate conservation easement deductions. The case is Brooks v. Commissioner pending in the 4th Circuit. Here is the argument…
Real Estate Law Corporation Blog
Case Studies in Development Easements: Real-Life Lessons in Land Use Planning
By Alex
Case Studies in Development Easements: Real-Life Lessons in Land Use Planning Development easements, also known as conservation easements, offer a unique way for property owners to balance their land development…
Nonprofit Law Prof Blog
The Magic of Basis: Proposed Regs on the Limitation of Conservation Easement Deductions Hinge on New Types of Basis
Just what we need. More types of basis. Basis is the bedrock of tax law but it shows up under all sorts of names and disguises. Today, Treasury proposed new…