Acquisition Method |
Benefits |
Drawbacks |
Conservation Easement |
A legal agreement between a landowner and a qualified conservation organization or government agency to voluntary restrict the use and development of the property.
Easement grantee (ex. Ozaukee Washington Land Trust) would hold a partial interest or some specified right in a parcel of land. A conservation, agriculture, open space, or scenic easement is designed to protect a specific sensitive natural, historic, or cultural resource. An easement may be in effect for a specified period of time but is usually perpetual.
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~ Can be effective in preserving open space if it meets mutual goals of landowner and agency.
~ Easement provisions are tailored to needs of landowner and site preservation goals.
~ Landowner retains ownership and use of the land.
~ Potential property, income, and estate tax benefits for donation or bargain sale of an easement.
~ Easements run with the land, despite changes in ownership.
~ Reduces costs for site protection when easements are acquired at less than fair market value for the protected area. |
~ Baseline survey required to identify the extent of natural, historic, or cultural resources within the easement.
~ Less protection than outright acquisition.
~ Easement purchases may be costly. Terms must be carefully and clearly outlined.
~ Management intensive: easements must be monitored and enforced; grantee agency must work closely with landowners.
~ Easement grantee must possess technical expertise and financial wherewithal to monitor and enforce easement.
~ Easement restrictions may limit property resale opportunities. Tax benefits may not be sufficient motivation for landowner to donate or sell easement. |
Acquisition Method |
Benefits |
Drawbacks |
Purchase of Development Rights (PDR) |
The owner's rights to develop a parcel of land are sold to the local government or to a land trust.
Most PDR programs are voluntary and offer a viable financial option to interested landowners.
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~ A proven technique for local communities with strong support to acquire lands for preservation.
~ Owners who sell development rights receive an income and continue to use their land while retaining all other rights.
~ Property taxes should be reduced. |
~ Purchasing development rights can be expensive.
~ Rarely protects enough land to relieve development pressure
~ Funding may not meet demand for easement purchases.
~ Voluntary program means some resource areas may be lost. |
Acquisition Method |
Benefits |
Drawbacks |
Transfer of Development Rights (TDR) |
The rights to develop one parcel of land are sold or transferred to another parcel of land to protect resources on the first, in exchange for increasing development density on the second.
Programs are carefully designed with "sending" (protection) areas and "receiving" (development) areas clearly identified.
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~ Potentially effective growth management tool.
~ Resources can be protected without huge capital expenditures.
~ Large tracts of protected land can be created in "sending" areas. |
~ Complicated program to establish and administer.
~ High administrative overhead; requires professional staff assigned to program.
~ Landowner resistance to downzoning in "sending" or higher densities in "receiving" areas.
~ An unproven technique.
~ Probably requires enabling legislation. |
Acquisition Method |
Benefits |
Drawbacks |
Lease |
An agreement between agency and landowner to rent the land in order to protect and manage a sensitive resource. |
~ Low cost approach to site protection.
~ Landowner receives income and retains control of property.
~ An alternative for preservation minded landowners not ready to commit to sale of easement.
~ Restrictions can be included in the lease to direct the activities of the conservation agency on the land. |
~ Short-term protection strategy.
~ Leases are not permanent. |
Acquisition Method |
Benefits |
Drawbacks |
Management Agreement |
Agreement between landowner and conservation agency to manage property to achieve resource conservation goals. |
~ Owner may be eligible for direct payments, cost-share assistance, or other technical assistance from the agency.
~ Management plan is developed based on owner's preservation aims. |
~ Mutual agreement is more easily terminated than a lease.
~ Agreements are not permanent. |
Acquisition Method |
Benefits |
Drawbacks |
Mutual Covenants |
Agreement between adjoining landowners to control future land uses through mutually agreed upon restrictions. |
~ Permanent: covenants can be enforced by any of the landowners or future landowners of the involved properties.
~ Significant incentive to comply with restrictions, since all parties are aware of use controls.
~ Can reduce property taxes. |
~ Loss in market value from mutual covenants does not qualify as a charitable deduction for income tax purposes. |
Acquisition Method |
Benefits |
Drawbacks |
Limited Development Techniques |
Landowner prepares a conservation plan for the environmentally significant portions of the property, then develops a less-sensitive section to finance the plan and derive income.
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~ Encourages landowners to evaluate long-term preservation and economic goals for their property.
~ Presents attractive option to many landowners by providing income while meeting a preservation objective.
~ Tax advantages may be realized from recording an easement over the conservation land. |
~ Landowner relinquishes full development potential of property.
~ Requires close attention and hands-on involvement by conservation agency.
~ Difficulty in determining degree of environmental significance; some resources will be lost to development.
~ Public may misunderstand the resource protection component of the development project. |
Acquisition Method |
Benefits |
Drawbacks |
Technical Assistance Programs |
Landowners can participate in a number of federal, state, and county programs that restore or improve enhance the resource functions and values of their property, such as wetlands, wildlife habitat, etc. |
~ Technical and financial assistance is available for restoration projects.
~ Projects can provide social and economic benefits from the enhanced resource value of the property. |
~ Limited in scope - primarily sought by landowners motivated to achieve a conservation goal.
~ Not a true acquisition or protection measure - land could still be sold and developed unless protected by another method. |
