If your motivation is a desire that your family continues to use and enjoy the land, then you might consider an easement.
decide what can and cannot happen on your land. Fitzsimons says the easement document spells out
the terms for a transfer of an easement in the event that a land trust ceases to exist. “That’s why the landowner should pay careful atten-
tion to the terms that are negotiated. TALT is commit- ted to keeping land in private ownership; our guiding principles prohibit us from taking easements that will end up in public hands,” she says.
Myth No. 8: A conservation easement can be condemned and used to replace (mitigate)
habitat being destroyed by development or a government agency that is building a road or a transmission line. In reality, any land can be condemned. Fitzsi-
mons says a downside to conservation easements is they are designed to protect open space, and often it is cheaper for a utility company to go through that open space. “Landowners should carefully consider this possi-
bility when deciding to place a conservation easement on his or her property,” she says. The bottom line? Conservation easements are not
for everyone. Nevertheless, for landowners with cer- tain needs, they can be extremely benefi cial — if you do your homework. “If you’re considering one, go in with eyes wide
open,” Fitzsimons says. “We’re here as a resource to help people work through them. Cattle Raisers, which was one of 3 groups that created the Texas Ag Land Trust, wanted us to be a resource for landowners who were considering a conservation easement. We’re here to help people work through these myths and mispercep- tions and any other concerns they may have, in order to determine if it works for them or not.”
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December 2016 The Cattleman 67
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