RANCHING Business
Conservation Easement 101: What Is a Conservation Easement? By Katrina Huffstutler
I
N 1852, KEN CEARLEY’S GREAT-GRANDFATHER CAME TO TEXAS from Georgia. He settled on Walnut Creek in Tra- vis County and grew corn and cotton, had a small
herd of milk cows and raised Percheron draft horses. Cearley has fond memories of hanging out on “The Old Place” as a kid — hunting, target shooting, explor- ing and just generally enjoying the land. Though the acreage is no longer in production, the land is mostly intact open space preserved as a park and owned by the City of Austin. “I’m luckier than most,” Cearley says. “I can still
go back there and see a good bit of the Old Place that has not been fragmented and developed.” Cearley, who serves as stewardship director for
Texas Agricultural Land Trust (TALT), says that many people have a similar story of family land. They want to keep it together for the sake of heritage and legacy for their descendants. He says a conservation easement is a tool that can
make that happen. “I hear people say, ‘You know, I would really like
to keep this country together for my family’s sake because I love it so much.’ I know exactly where they are coming from and I’m glad to be able to offer them this option. If it fi ts their needs, a conservation ease-
54 The Cattleman February 2016
ment will allow them to conserve that country for the future,” Cearley says. As a former rancher and a retired wildlife specialist
for Texas A&M AgriLife Extension Service, he says that he has spent years telling people that agriculture isn’t just farming or ranching — it’s anything the land can produce, including livestock, crops, wildlife, wildlife habitat and recreational activities such as hunting, fi shing and wildlife watching. So even if future gen- erations don’t go on to have careers in production ag- riculture, they still could benefi t from the family land. And if the land sells outside of the family? At least it can’t be split up. According to TALT’s website, a conservation ease-
ment is the legal glue that binds a property owner’s good intentions to the land in perpetuity.
Four must-knows Cearley adds there are 4 major must-knows about a
conservation easement: It’s voluntary; it’s an exercise of the owner’s private property rights; it’s a negotiated document; and it’s permanent. Because of that last characteristic — the perma-
nency — it’s especially important to do your homework before signing on.
thecattlemanmagazine.com MORE
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