Many people think the only way for a land management agency, such as a Forest Preserve District, to preserve land, is to buy it. Other alternatives include but are not limited to conservation easements, donation, or a life trust, to name a few.

One of the most common ways for a land owner to retain ownership of the land, yet secure its preservation, is by a conservation easement. This means of preservation allows a property owner to retain ownership, remain living on the property if he/she chooses, and have the property managed for its natural integrity by the chosen land management agency or conservation group in perpetuity. Within the context of the agreement, the owner can exclude the buildings and other portions of the property he/she may want to develop later.

Example: Mr. and Mrs. Jones own 20 acres. On their property, they have a house, garage, and small barn. The buildings and maintained lawn occupies 2 acres of the 20. The remaining 18 acres consists of 15 acres of woods and 3 acres of fallow field. The Jones family could opt to place a conservation easement on these 18 acres of woods and fallow field, and retain their management rights on the 2 acres. This is just one example and there are many options within the example given.

Another benefit of the conservation easement, is the one time income tax deduction that is allowed. Because the land owner has chosen to preserve his/her land in perpetuity, the owner can deduct a percentage of their income tax for that year, based on the acreage in the easement. Depending on zoning and other circumstances, the land owner may also be able to reduce the amount of annual real estate tax paid on the property.

This is a brief synopsis of ways to preserve property, with just a couple of options mentioned. Prior to entering any type of land preservation agreement, consult the advice of an attorney that specializes in real estate law. your attorney will structure the agreement that best suits you and your family's desires and economical needs.

If you have any interest or questions regarding land preservation or know of someone interested in preserving their property, please contact the Forest Preserve District Office at 815-935-5630.

by Doug Short
Site Development Director