Conservation Easement Purpose

Conservation Easements

Internal Revenue Code Section 170(h) defines when the conveyance of less than all of a person’s interest in real property (e.g., a conservation easement) may still qualify as a charitable donation for tax purposes. A conservation easement is a perpetual restriction, which is granted in perpetuity in the use that may be made of real property exclusively for conservation purposes.

Section 170(h) defines “conservation purposes” as:

  • the preservation of land areas for outdoor recreation by, or the education of, the general public
  • the protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem
  • the preservation of open space (including farmland and forest land) where such preservation is for the scenic enjoyment of the general public, or pursuant to a clearly delineated Federal, State, or local governmental conservation policy, and will yield a significant public benefit, or
  • the preservation of an historically important land area or a certified historic structure.

In perpetuity means “forever”. The significance in the word forever cannot be overstated. Once the rights have been seceded, they can’t be taken back.

Affinity Valuation Group LLC
Located in: Ann Arbor, Howell, Jackson & Tecumseh, Michigan

Website: affinityvaluation.net  •  1310 S Main St, Suite 7  •  Ann Arbor, Michigan  48104
Phone: (800) 305-8832  •  Fax: (800) 354-9868  •  E-mail: info@affinityvaluation.com

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