Conservation Easements

News & Analysis as of

NYSDEC Announces Streamlined Procedures for Environmental Easements

On February 20, 2014, the New York State Department of Environmental Conservation (“NYSDEC”) announced streamlined procedures for environmental easements. There has been a significant push from the regulated community for...more

Appraiser’s Error Results in Severe Penalties For Taxpayers who Convey Conservation Easement

In November 2013, the United States Tax Court upheld the charitable deduction for a conservation easement claimed on the taxpayers’ income tax return but reduced its value and upheld the 40 percent gross valuation...more

2013 Year-End Estate Planning Advisory

In this issue - - Federal Estate, GST and Gift Tax Rates - Annual Gift Tax Exclusion - Federal Income Tax Rates - President’s Budget Proposal for Fiscal Year 2014 - Important Planning...more

Use of Agricultural Conservation Easements Must Be Considered In Mitigating Loss of Prime Farmland To Development

A sand and gravel quarry was proposed for a site containing 45 acres of prime farmland. The Environmental Impact Report (“EIR”) analyzing the development concluded that obtaining perpetual agricultural conservation easements...more

The Koontz Decision: Limits Conditions a Government can Impose on Developers  [Video]

The extent to which governmental authorities may condition land use permits on exactions and concessions from land use permit applicants has received extraordinary attention from the United States Supreme Court in recent...more

Tax Court Deals Another Blow to Conservation Easements

On June 24, 2013, the U.S. Tax Court disallowed a couple’s deduction for the donation of a conservation easement on the façade of a building to the National Architectural Trust, a qualified charitable organization. The court...more

Congress Reinstates Income Tax Advantages for Conservation Easements

Executive Summary: Congress has temporarily reinstated certain income tax advantages for donations of conservation easements. These advantageous provisions are scheduled to expire at the end of 2013....more

Effects Of American Taxpayer Relief Act Overshadowed By Sequester Talk

With much of the current news cycle discussing mandatory federal budget cuts known as the "sequester," one may tend to forget that Congress narrowly averted the country's fall over the "fiscal cliff " by enacting the American...more

Oregon Land Use Bills Aim to Limit Wetland Restoration

Three Oregon legislators have introduced bills on behalf of the Oregon Farm Bureau requiring land use permits for wetland restoration on farmland....more

Fiscal Cliff Deal Preserves Enhanced Conservation Easement Tax Benefits

Conservation easements are an effective tool for tax and estate planning and there are significant tax benefits to implementing them in 2013....more

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