RANCHING Business
Texas Agricultural Land Trust’s mission is to keep land in agriculture and open space, and in private hands. Mythbusters: Conservation Easements
Don’t believe everything you’ve heard. A conservation easement may fi t perfectly into your plans. By Katrina Huffstutler
W
HEN IT COMES TO CONSERVATION EASEMENTS, BLAIR Fitzsimons, Texas Agricultural Land Trust’s (TALT) chief executive offi cer, hears a lot
of misconceptions. In this last column of the 6-part series on the subject, we clear the air and bust the most common myths.
Myth No. 1: Having a conservation easement means giving up total control of your property. It’s just not so — or it doesn’t have to be. Fitzsimons says each easement is individually ne-
gotiated, and urges landowners to enter the process with eyes wide open, carefully considering how the proposed restrictions may impact their operations and total control. “Read that document very carefully,” she says. “If
64 The Cattleman December 2016
there are things in it you don’t like, negotiate for a change. A lot of people think there’s only one way to do it. They have the impression that whatever docu- ment is given to them has to be done that way. But as long as the easement meets the requirements of the IRS or the funding source, and as long as the stated conservation values are being protected, then there is always room for negotiation.” Fitzsimons adds that anyone considering a conserva-
tion easement should hire experienced legal counsel to ensure that an easement meets the needs and desires of their family, and should not sign an easement that does not.
Myth No. 2: A conservation easement is a gateway to government control of your land. It all goes back to the funding source, Fitzsimons says.
thecattlemanmagazine.com
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