Working with the District to conserve your property can ensure that your land remains unspoiled for future generations to enjoy. It may provide a range of federal, state or local tax benefits.
Donations
By donating all or a partial interest in your property, or gifting a conservation easement over the property, you may qualify for an income tax deduction, lower estate taxes and reduced property taxes. If the land meets certain criteria, the donated conservation easement may qualify for a tax deduction.
Bargain Sales
A bargain sale occurs when a landowner sells a piece of property for less than its fair market value. Depending upon the landowner's financial situation, and if certain requirements are met, the landowner may be able to claim a tax deduction of the difference between the sale price and the fair market value as a charitable contribution to the District.
Conservation Easements
What is a conservation easement?
What is the purpose of a conservation easement?
How do you determine the value of a conservation easement?
How do you ensure compliance with conservation easements?
What is a conservation easement?
A conservation easement is a permanent, recorded deed restriction that transfers certain property rights from the willing fee owner (landowner) to the easement holder (District). A conservation easement is permanently binding, so even if the land is sold or willed to a future generation, the easement stays in place. The specific requirements for each easement are negotiated between the willing landowner and the District and varies somewhat from project to project.
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What is the purpose of a conservation easement?
The purpose of the conservation easement may be to protect agricultural resources, significant natural features such as woodlands or creeks, scenic vistas or a combination of all these goals. The easement outlines which activities are permitted or prohibited on the property, and the responsibilities of both the landowner and the easement holder to ensure these goals are sustained.
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How do you determine the value of a conservation easement?
We hire independent appraisers from an approved list to determine conservation easement values. These appraisers use the sale of similar properties and adjust for differences between those sales and the appraised property. They determine the fair market value of the property before the conservation easement is in place, and its potential value after the easement is in place. The difference between these two values is the conservation easement value, which we pay to the willing landowner. Each appraisal is reviewed and approved by staff to ensure that it meets national and District goals and standards.
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How do you ensure compliance with conservation easements?
Our staff and volunteers review properties on site at least once a year with the landowner's concurrence to monitor compliance with easement provisions. This is a perpetual obligation on our part to protect the public interest and to guarantee the land is preserved forever. We have set aside funds for these stewardship purposes, and we vigorously address any violations of the agreed-to uses of the land.
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For more information, call 707-565-7360 or email openspace
@sonoma-county.org
