|
New! 2010
Landowner Special Edition of Saving Land now available online!
(Click
here
for dial-up or
here
for cable/DSL; click
here to request hard copy in mail)
New! Landowner DVD. View online!
|
“If you don’t take some action, if
you don’t begin planning now, the government is going to tell
your family what to do with your real estate and your heirs
aren’t going to like what they hear...If
you care about your land, and if your land is valuable, and if
you want to keep your land intact and pass it to the next
generation, you can’t just do nothing.”
- land conservation expert Stephen J. Small, "Preserving
Family Lands" |
How We Partner with
Private Landowners to Preserve Land
Since 1996, WVLT has helped
to permanently preserve more than 81,000 acres of family farms, scenic views, wildlife
habitat, and pristine watersheds in our 10-county area, and 30 miles of streams, by working with willing landowners using
a variety of voluntary tools.
Conservation Easements:
A conservation easement is a voluntary deeded agreement that permanently
protects land from types of development that would not be compatible
with the conservation value of the property. Easements are generally on
properties whose protection represents a value to the
community by protecting natural resources, scenic views, wildlife
habitat, historic resources or agricultural lands. Many want to leave a
protected and lasting legacy to their children and grandchildren. These
voluntary permanent agreements and the generous federal tax deductions,
estate tax exclusions and Virginia transferable state tax credits they
provide to the owner are
detailed in our
Landowner Special Edition of Saving Land (Click
here
for dial-up or
here
for cable/DSL; click
here to request hard copy in mail). Also, you can download a
case study showing the increased tax
benefits of an easement under the new 2006 tax changes, or view
"Conservation Easements" from our
Landowner DVD, Your Land, Your Choices.
We are pleased to partner with the
Virginia Outdoors
Foundation, by providing landowner outreach and education, while VOF
holds most of the easements in our service area and throughout the
state. As of the end of 2007, there were more than 460,000 acres of private
property under easements held by the
VOF.
Land and Easement Purchases:
With funds from state grants, WVLT has purchased riparian easements that
protect 16 miles of forested banks along rivers and streams in the
James, Roanoke and New River watersheds. We have purchased small urban
tracts to secure greenway rights-of-way and manage a special fund to
purchase land and easements on Read Mountain.
Broker Public Land Acquisitions:
WVLT played a key role in arranging a bargain sale of
8,500 acres to the state to create the Big Survey Wildlife Management
Area. This was the most significant example of our cooperative efforts
to expand and protect federal, state and local public lands such as the
Blue Ridge Parkway, Appalachian Trail, Jefferson National Forest, and
the Carvins Cove Natural Reserve.
Accepting Gifts of Land:
WVLT works to accept gifts of land for conservation purposes.
Arranging a 60-acre gift of scenic land along the Blue Ridge Parkway is
a recent example of our ability to act quickly for conservation. We've
since donated the land to the National Park Service, preserving a
critical view that was slated for high density residential development a
few feet from this national scenic road. We also accept gifts of real
estate, securities, retirement accounts and other assets to help fund
our land conservation efforts.
|
"I was
born on this land and I've lived here all my life, on and off. I
didn't want it cut up into subdivisions. I'd like all of my
neighbors to donate conservation easements because it's the only
way to preserve this part of the country." - Barbara (Bobby)
Hatcher of Bedford County preserved her 158 acres near the Peaks
of Otter by donating a conservation easement to WVLT and the
Peaks of Otter Soil and Water Conservation District. Bobby
passed away April 26, 2004, and is missed by all who knew her. |
Documents
of interest to landowners looking into the donation of a conservation
easement
Western Virginia
Land Trust Application: You will need to
complete this form if you plan for the Western Virginia Land Trust to be
the holder of your conservation easement.
Western Virginia Land Trust
Stewardship Funding Policy: This explains the Western Virginia
Land Trust's requirements for its stewardship fund.
Virginia Outdoors Foundation Application: You will need to
complete this form if you plan for the Virginia Outdoors Foundation to
be the holder of your conservation easement.
Virginia Outdoors Foundation Conservation Easement: This is the standard easement language, which will be tailored to meet
your individual needs and special resources of your property.
Virginia Outdoors Foundation Easement approval procedures: From your first visit with WVLT or VOF, this will give you an
idea of the 10 steps you will be going through to get your easement
recorded.
Virginia
Outdoors Foundation Easement Guidelines: Describes in
detail the VOF standards for conservation easements in terms of the
conservation value that must be present to qualify for an easement.
Appraising Conservation Easements
(.pdf): A description of how a conservation easement is valued
for tax purposes. The conservation easement appraiser must have
specialized knowledge and the process is more expensive and involved
than a standard tax or mortgage appraisal.
A Conservation Easement Appraisal Guide (.pdf): An excellent
guide from the Colorado Coalition of Land Trusts whose general concepts
apply to Virginia landowners as well.
Code of Virginia 58.1-512: Land preservation tax
credits for individuals and corporations. This is the statute for the VA
state income tax credit which took effect June 30, 2002.
Code of Virginia 58.1-513: Limitations; transfer
of credit; gain or loss from tax credit. This is the second half of the
tax credit statute.
Code of Virginia 29.1-509:
Limitations of
liability for hunters, hikers, bikers and other non-paying users of your
land. A unique Virginia statute protecting landowners from liability
claims.
Opinion of Attorney General: The statutes above generated several important
questions which were answered by Attorney General Kilgore in November of
2002. Your tax professional will want to see this.
VA Tax forms for Land Conservation Tax Credits:
(link to Virginia individual tax credit forms page) See "LPC-1 -
Application for a Land Preservation Credit" and associated schedules and
instructions, and Schedule CR, "Credit Computation Schedule for Forms
760, 760PY, and 763."
IRS Schedule
8283 (.pdf): Federal tax return form for reporting
charitable gift in excess of $5,000, used to report gift with appraisal
to justify gift's valuation. To be signed by tax payer, appraiser and
receiver of gift (land trust).

|