Document / Practical Pointer

Balancing Risk When Permitting Structures on Deductible Conservation Easements

Posted 2020 Updated January 10
Source
Land Trust Alliance
About This Practical Pointer

Pointers for Balancing Risk When Permitting Structures on Deductible Conservation Easements After Tax Court and Appellate Decisions

Two U.S. Court decisions raised questions regarding the permitted extent, use, size and location of building rights in deductible conservation easements, including bargain sales. The Alliance has taken steps to address this for its members, but land trusts should evaluate easement templates.

January 2024 Update: Revised to reflect developments in Tax Court and appeals courts.