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How do I initiate a donated agricultural conservation easement project?
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 Please e-mail Maureen Knapp, or call her at 607-591-9607, to discuss if NYALT currently has the capacity to undertake donated conservation easements. Maureen will also be able to determine if your project meets the organization’s conservation goals and will explain NYALT’s current project focus and available time.
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Site visit: Once the project was initiated, you would then fill out a Landowner Information Form, and arrange a site visit with staff to come out and see your property. During this visit, our staff will outline the possible state and federal income tax benefits, and the New York State Property Tax Credit.
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Work with staff: You will work with staff to develop a conceptual conservation easement land planning map, and review NYALT’s model conservation easement. The staff would then bring the land protection concept to the NYALT board for review and approval. Once approved, staff would commission a title search and draft an agricultural conservation easement (based upon the model easement) tailored to your property and its conservation plan for your review.
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Landowner review: NYALT advises that you obtain an attorney experienced in conservation easements to review your proposed conservation easement. It is also helpful to meet with your financial advisor to determine how the donation of an agricultural easement can benefit your financial plans, estate planning, etc. Click here for more information.
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Adjustments, final document preparation: NYALT staff would work with you to finalize your conservation easement and related conservation easement map. We would also prepare the necessary documentation to meet 1) national land trust standards and practices; 2) New York State conservation law; and 3) the Internal Revenue Code (IRC) for documenting “current conditions” related to your project. The IRC documentation, called a Baseline Documentation Report, consists of maps and related information to your project.
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Completing the project: Once you have agreed to the conservation easement, and related Baseline Documentation, NYALT will schedule a project closing. The easement and supporting documents are signed and notarized by you and NYALT. NYALT then files the conservation easement and related map with the county clerk’s office.
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Applying for state and federal income tax deductions: It will be your responsibility to complete the necessary paperwork to apply for possible state and federal income tax deductions. You will need to obtain an appraisal that meets the Internal Revenue Code’s standards, no earlier than 60 days before the closing of the project, or before your tax filing. Often times, landowners request updates of their appraisals to meet this timeline requirement.
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What are the possible costs? Before you begin the project, NYALT will work with you to estimate what the overall costs are likely to be when you donate an agricultural conservation easement, as each project is unique. NYALT must ensure it has the capacity to oversee its “stewardship” obligations for each easement it accepts (the long-term work of explaining the easement to future easements, answering questions, conducting site visits, creating updated documents, etc.). It also must be ready to enforce the terms of the easement in the future, if necessary. This means that you are likely to be asked to assist in contributing to NYALT’s conservation easement stewardship fund, as well as a legal defense fund.
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Timing, length of time it takes: A donated conservation easement project generally takes eight months to a year to complete. You will need to obtain a survey of the boundaries of the property you plan to protect in advance of completing your farmland conservation project. It is better if the project is started as early in the year as possible. It may be helpful to wait to retain a surveyor until after the NYALT board has approved your project (which it needs to do to adhere to national land trust standards and practices).
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Becoming a community leader, establishing a gift that keeps giving to future generations. Conserving your land is one of the greatest legacy actions you can take. Good farm and forestland will become ever more important as we work to strengthen our local food supply and conserve our water and natural resources. You can make a real difference with the gift of an agricultural conservation easement and we look forward to talking to you.
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