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 MONTANA LIVING Fall 2000 By Reese with Laulette Hansen-Makchik Native Americans had no concept of private property as applied to real estate; we more or less appropriated land from them in the name of the "highest and best use," which meant we were sure we cound get more money out of it. We were right. And our love affair with land isn't just about money, Through it, we still feel needed, that we belong in this picture where we've always been - opening new lands, plowing deep, ferrying big trees down big rivers, making the prairied bloom, leaving our imprint. Open space is what people see when they first come in to Montana, what attracts them to the area. We call it scenic value, but there's evidence that people gravitate to a place where thay can look out on some space, preferably a grassy area, perhaps with some water. Conservation easements are only the vehicles to protect the land from deveolpment - it is the people who donate or sell them who actually keep up the conservation end of the bargain. "Easements are a very useful tool for maintaining our agricultural heritage, which gets down to our culture", says John Wilson, Directory of Montana Land Reliance. An easement "runs with the property," meaning it continues in perpetuity, regardless of changes in ownership. |
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Montana has more acres protected from development by conservation easements than any other state in the nation
MONTANANS ARE KEEPING THEIR WIDE OPEN SPACES INTACT
The efforts of private land trusts to assist landowners in the voluntary preservation of natural landscapes throughout Montana have helped insure that the beauty of Montana will remain for generations to come.
A conservation easement does NOT mean that the public has permission to use another's land. It means that certain rights have been pledged away to a local land trust in perpetuity to protect open space, wildlife habitat, and special plant life. This charitable pledge is much like the donation of fine art to a museum - it can benefit the land owner in tax review and certainly benefits the public by increasing the preservation of natural landscapes from residential and commercial development.
FINANCIAL BENEFITS
High income buyers may benefit financially by purchasing a parcel of land and then placing a conservation easement on it. The loss in value by pledging the subdivision rights, logging rights, and other development rights may result in a charitable contribution that can be deducted from gross income. Jean Hocker, president of the Land Trust Alliance, states " We live in a time of change unimaginable just a short time ago - unprecedented prosperity has brought development to parts of the country we never thought would be touched by sprawl." Conservation easements on significant land parcels great and small will protect land for generations to come.
People who turn to conservation easements are usually motivated by their love of the land. But tax incentives are increasingly part of their rationale, thanks to both the enormous increase in real estate values and recent tax-law changes. Estate taxes can be lessened by a conservation easement making it possible for family members to keep the property rather than being forced to sell the land to pay the taxes due upon death. Assessments for taxes are also reduced. CONSERVATION BUYER'S PROGRAM
We Lead the Way Group agents works with non-profit Land Trusts to preserve scenic wildlife and ranching values by matching buyers with properties that merit protection. By working with Land Trusts to purchase and preserve these properties, buyers may become eligible for significant tax advantages. Look for the notation "Conservation Property" on many of our listings that have been identified as properties of conservation merit.Jan King and Laura Merrill recently completed two terms each as Directors serving The Bitter Root Land Trust, a local non-profit land trust organization that is preserving scenic wildlife and ranching values in the Bitterroot Valley.
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