RANCHING Business
Myth No. 5: Conservation easements prevent any appreciation in value and leave the landowner with nothing but title to the land, the ability to prevent trespass and the privilege of paying taxes. Fitzsimons admits that a conservation easement does
affect appreciation in value, but that can benefi t those who are faced with an estate tax burden. A conserva- tion easement should be pursued only when it fi ts a landowner’s goals. “If negotiated properly, a conservation easement
protects the conservation values of the property while allowing the landowner to continue to graze, hunt, lease, bequeath, sell and enjoy the other benefi ts of ownership,” Fitzsimons says.
Myth No. 6: The holder of the easement becomes the dominant owner of the property and can make any decision regarding its management. Fitzsimons says the landowner retains title to the
property and can sell, bequeath or lease as before. The land trust has the right of enforcement to uphold the terms of the easement, and to ensure that easement
Conservation easements should be individually negotiated.
donor’s intent is honored. Anything beyond that should be addressed in the easement document. “When there is a confl ict between the terms of
the easement and what the landowner may want to do, yes, the easement prevails just as in any other real estate agreement,” she says. “But again, it all depends on what is negotiated in the document. The land trust can only do what is spelled out in the ease- ment document. One of TALT’s guiding principles is that the landowner knows best how to manage his property, and that we do not interfere with day-to- day management.”
Myth No. 7: The easement holder can transfer the conservation easement to a government entity or another land trust at any time, giving them the authority to
Before the Chisholm and Goodnight-Loving Trails, Wortham - San Antonio
was insuring Texas ranchers and cattlemen.
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www.worthaminsurance.com.
“Since 1852 Wortham - San Antonio has been protecting the interests of cattlemen across Texas and the Southwest.
WORTHAM - SAN ANTONIO 131 Interpark Blvd.
San Antonio, Texas 78216 66 The Cattleman December 2016
thecattlemanmagazine.com
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