Document / Practice

Practice 9H: Purchasing Land or Conservation Easements

Posted 2017 Updated May 14
Source
Land Trust Alliance
About This Practice

This guidance covers Practice 9H, which includes two elements:

  1. ⬤ When buying land, conservation easements or other real property interests, obtain an independent appraisal by a qualified appraiser in advance of closing to support the purchase price

    1. ⬤ a. However, a letter of opinion from a qualified real estate professional may be obtained in the limited circumstances when:

      1. ⬤ i. A property has a very low economic value

      2. ⬤ ii. A full appraisal is not feasible before a public auction

      3. ⬤ iii. Or the amount paid is significantly below market value

  2. ⬤ In limited circumstances where acquiring land, conservation easements or other real property interests above the appraised value is warranted, contemporaneously document:

    1. ⬤ a. The justification for the purchase price

    2. ⬤ b. That there is no private inurement or impermissible private benefit

Accreditation indicator element | ■ Terrafirma enrollment prerequisite | ▲ Required for both

May 2026 update: Updated accreditation requirements for Practice Elements 9H1 and 9H2 to reflect the 2026 Requirements Manual.

March 2023 update: Added accreditation requirement for addressing appraisal concerns under Practice Elements 9H1.

Disclaimer

These resources are provided "as is" for informational purposes only, without warranty of any kind. They do not constitute legal or professional advice and do not create an attorney-client relationship. They may not reflect current legal developments and should be adapted for your organization with qualified professional help. The Alliance is not liable for any damages arising from use of or reliance on these resources. Views in individual posts and third-party links/logos are not Alliance endorsements. The Alliance is committed to equal opportunity and does not condone unlawful discrimination.

For accreditation-related materials, please also consult the Land Trust Accreditation Commission website.