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Re: Conservation easement


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Posted by jackinok on November 14, 2012 at 10:13:05 from (162.58.82.136):

In Reply to: Conservation easement posted by goose12 on November 14, 2012 at 09:22:26:

the way i understand conservation easments is,(1)IT doesnt stop the land from being sold (2) it stops the land from being used for any other purpose than conservation for ever. its simply permanent instead of being like a crp,or most other programs. when land in a conservation easment does sell, its normaly valued far less than regular market price because its unusable for any other purpose. around here folks who get into that program are normaly folks who have no heirs,have built up a fair amount of land,and wish to eventualy transfer ownership to the state as a wildlife area or something.as long as they live they basicaly own it,the program buys it,they live off that income. when they die if no one else buys the land or its of importance to the wildlife or conservation folks,they buy it. farmers are not much interested because they cant use it,the only others with a interst would be sportsmans clubs etc. IF your not the sole owner,or heir to this property,and the others want to sell,you would be hard pressed to get it in a conservation easment I would think.you may put your part in a easment if its large enough ,but if your not the sole owner i doubt they would even talk to you. another thing to be aware of,unless this land is left soley to you,when you plant trees and your folks die,those trees are not yours either.even though you planted and did all the work.as long as your folks are living its theirs,but not yours. sad to say it but its a fact,that you probably cant get around. MAYBE,and im not saying it would work ,if you got power of attorny because of your dads condition,he had a preexisting will,dated before the power of attorney document leaving the land soley to you,POSSIBLY, you could get by. But it sounds to me like a family battle brewing. if your dad really wishes to do this,he needs to do it now, your for all intents and purposes not involved. he does it and no one can block it,unless hes declared incompetent of course,but your hand are im afraid legally tied it sounds to me like.consider putting it in a nonrevokable trust,with the stipulation on the trust that all parties have to agree to sell it. that to me would be the best way from your standpoint to keep it intact,at least for your lifetime.value would still be there for future generations,but it would be protected until all heirs or their heirs agreed to sell. land would remain in the trust basicaly for all to use, but any profits made ,regardless of who made them, would go to the trust and not any individual.again any improvements or repairs you did would become trust property, so you yourself would be limited as to use as would all others. you could even have to pay the trust rent after your parents death if you live in their home. its not agood thing any way you look at it when families disagree.


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