Easement and fee land appraisals

Land trusts engage with appraisals when receiving a gift of land or easements, or when purchasing land or easements themselves. It’s important to recognize that appraisals of conservation easements are highly specialized. While the landowner is responsible for obtaining the appraisal, many land trusts take steps to assist a landowner in getting a competent appraisal. It’s important to remember that donations of land value must be supported by an appraisal, completed by a qualified appraiser, that explicitly indicates that it is being done for tax purposes. Timing of this appraisal is critical, as the date of value must be no more than 60 days before the date of the gift. It’s also important that a land trust obtains a copy of the landowner’s appraisal prior to signing the IRS Form 8283 so it is confident that a gift has been made and the property is accurately described.  

When a land trust is purchasing land or easements, it should obtain an appraisal (except in limited circumstances) to justify the price paid. Paying in excess of fair market value can leave a land trust vulnerable to charges of conferring impermissible private benefit or private inurement and threaten its charitable status.  

Programs & Initiatives

Relevant Standards & Practices

This topic relates to the following components of Land Trust Standards and Practices:

  • Practice 10A1: Inform potential land or conservation easement donors who may claim a federal or state income tax deduction (or state tax credit), in writing and early in project discussions, that:

    • The project must meet the requirements of IRC §170 and the accompanying Treasury Department regulations and any other federal or state requirements

    • The donor is responsible for any determination of the value of the donation

    • The Treasury Department regulations require the donor to obtain a qualified appraisal prepared by a qualified appraiser for gifts of property valued at more than $5,000

    • Prior to making the decision to sign IRS Form 8283, the land trust will request a copy of the completed appraisal

    • The land trust is not providing individualized legal or tax advice

Featured resources

Resources for Appraisals

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