Legal Considerations for Purchased and Exacted Easements

Conservation easements come in many shapes and forms - exacted, donated, purchased or bargain sale. Drafters question whether a purchased or exacted easement's terms need to (or should) meet IRS requirements for a qualified conservation contribution pursuant to 26 U.S. Code § 170(h). Opinions vary but the following applicable areas of law and charitable sectors standards provide guidance for your land trust's determination of what practices to follow.

Exacted easements are referred to as regulatory, mitigation, involuntary or coerced easements.