What is “conservation easement”?

What is “conservation easement”?

- · Member since 2024 · 95 posts · 77 votes

There is a unique tax deduction in the US called a “conservation easement.”

It was designed by the IRS to encourage real estate owners to make pristine land, that could be enjoyed by the public, a conservation ground, and thus un-developable.

In return, the landowner could treat the act of granting a “conservation easement” as tax-deductible.

It would be similar to a charitable gift.

In a conservation easement, a real estate investor “donates” development rights on a piece of property to a qualified charity, public agency, or land conservatory.

In return for the donation, they get a tax deduction as if they gave cash to a charity.

Let's dive into the basics.

Let's say you buy a 20-acre piece of real estate that includes a 5-acre self-storage facility.

The rest of the land isn’t really easy to build on so It is virtually worthless to you.

Let's say you paid $5MM for the facility based on NOI and the land came with it, virtually free.

So you decide to get the property appraised for development value and donate it to a land conservatory.

The appraiser runs some comps on other land recently purchased to get you a value.

They come back and tell you the current development value of that land is $50,000 an acre.

$50,000 times 15 acres equals $750,000.

You give that $750k development right to an agency, and It is treated as if you gave $750k to the Red Cross.

It's a huge deduction.

Depending on your tax bracket, that tax deduction could be worth several hundred thousand dollars to you.

It's a pretty big deal.

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  • Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
    1y

    Great info, but the numbers are a bit high. Any land that is worth $50k an acre is way to valuable to donate. In my area you can buy buildable land for 20k/acre, so stuff that goes into a conservancy easement is probably more like $3k per acre.

  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    1y
    Quote from @Marcus Auerbach:

    Great info, but the numbers are a bit high. Any land that is worth $50k an acre is way to valuable to donate. In my area you can buy buildable land for 20k/acre, so stuff that goes into a conservancy easement is probably more like $3k per acre.


     It depends on the structure but I agree with you. Most of the time you're talking about land that doesn't have all that much value and any appraiser that's not crooked is going to recognize the land for what it is - you can't comp 15 acres of swamp or rocky cliffs with 15 acres of flat farmland and get away with that honestly, unless the entire point is to defraud the IRS. 

    I worked with my District on a massive conservation easement about 20 years ago. We donated an easement only (not the land itself) on 1900 acres to prohibit logging or development for $4.5 million, which works out to about $2500 per acre. 

    Skyline Properties
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