“And frankly, any time you write a will you’re dic- A conservation easement
should be pursued only when it fi ts a landowner’s goals.
“If you’re selling an easement and the funding entity
is the federal government, you’re opening yourself up to some more scrutiny,” she explains. “You have to look very carefully at what the government’s role is in the easement. Sometimes they’re just a funding entity, just a pass through of money. Other times they reserve the third-party right of enforcement, which means if the land trust doesn’t do their job, then the government comes in to enforce that easement. Sometimes they want to be in the chain of title altogether. As with any easement, the landowner needs to thoroughly study the requirements.”
Myth No. 3: “I’m tying my heirs’ hands.” Time and time again, Fitzsimons hears some varia-
tion of this quote. But she says there’s plenty of fl ex- ibility that can be built into the document.
tating future conditions to your heirs,” she says. “You sell a property and you’ve dictated future conditions to your heirs, you know? If you sell it for development, you’re taking them out of the ranching business.”
Myth No. 4: A conservation easement’s management restrictions will prevent selling the land. “If your motivation is to develop your land, a con-
servation easement is not for you,” Fitzsimons says. “If your motivation is a desire that your children, grandchildren and great-grandchildren continue to farm, ranch, hunt and enjoy the land, then you might consider an easement.” She suggests talking to prospective land trusts about
their mission, because each one is different. Texas Agricultural Land Trust’s mission is to keep land in agriculture and open space, and in private hands. As a result, she says they don’t involve themselves with day-to-day management decisions. “You need to make sure you’re comfortable with
the management restrictions that you agree to,” Fitzsi- mons says.
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