As development pressure intensifies in Jo Daviess County, the spectacular
places we love here are in danger of disappearing, one parcel at a time.
This triggers numerous concerns for landowners, some of whom may have kept
their properties open and free from inappropriate development for many years,
perhaps for generations. Tough questions arise, typically focusing on future
ownership of beloved properties. Will younger family members be able to
care for properties? Can anything be done now to guide land use decades
or even centuries from now?
JDCF uses a variety of planning methods to help landowners address these
issues and protect land. You can review details for the most frequently
used options below.
Conservation Easement
This is a legal agreement between a landowner and a land trust (such as JDCF). This type of agreement permanently limits uses of the land in order to protect its conservation values.
Conservation Easement Overview
Conservation easements allow landowners to continue to own and use the land,
to sell it, or pass it on to heirs. In addition, these easements can result in an income
tax deduction and reduced property and estate taxes.
In 2007, land protection through conservation easements reached a record level in Jo Daviess County. Private landowners protected over 1400 acres through conservation easements donated to the Foundation.
Easements Executed in 2007:
Conservation Easement FAQs
What is a conservation easement?
A conservation easement is an individually crafted legal document that
permanently protects a property's conservation values — from natural
habitats to cultural or historical sites, from scenic properties to productive
agricultural areas.
The agreement is uniquely written to address each property’s and
landowner’s individual needs and characteristics. They consist of
certain use restrictions that would adversely affect the conservation
values such as subdivision and inappropriate commercial or residential
development.
The landowner also retains specific uses to the property which allow them
to maintain, manage, and enhance the property as long as they do not adversely
affect the conservation values being conserved.
A conservation easement is a permanent document that is recorded with
the deed to the property and applies to current an future owners of the
property.
What land is suitable for a conservation easement?
Conservation easements can protect the following types of property:
- Natural habitats such as forest, prairies, wetlands, or sites with
rare and endangered wildlife species.
- Scenic vistas from major public roads.
- Cultural sites such as archaeological sites or historically important
structures.
- Productive agricultural lands.
- Areas open for public use such as trails, fishing, or hunting.
What are the benefits to a landowner?
A conservation easement leaves a legacy for the original landowners and
can provide peace of mind that their wishes for their property will be
met.
In addition there are potential financial benefits:
- Income tax deductions for the appraised value for the restrictions
be placed on the property
- Estate tax deduction, if the property is part of an estate being
settled.
- Possible property tax reduction.
What types of restrictions are typical of a conservation easement?
The restrictions are placed across all or portions of the property to
ensure the conservation values are not adversely affected. Typical restrictions
include:
- Commercial or industrial uses.
- Subdivision.
- Limitations on buildings and other structures.
- Disturbance of vegetation or water features.
Each property typically includes a building site(s) where a residence
and additional buildings are allowed. Outside the building site the conservation
values are conserved.
What are the landowner’s responsibilities?
The landowner is still responsible for managing and maintaining the property,
paying property taxes, and other typical landowner responsibilities.
The conservation easement only adds a few more responsibilities:
- Notify the Foundation if the property is sold or transfers ownership.
- Inform the Foundation about any major changes to the property.
- Allow the Foundation to make annual visits to the property.
What rights does a landowner retain?
A conservation easement does not impeded upon the landowner's person use
and enjoyment of the property. If it is not specifically restricted in
the easement, the landowner retains the rights, such as:
- Sell or transfer the property to heirs or interested buyers
- Maintain existing residences and buildings.
- Manage to enhance or maintain the conservation values.
- Recreation uses such as hiking, hunting, or fishing.
- Restrict the public from using the property. A conservation easement does not require public use.
What are the Jo Daviess Conservation Foundation’s responsibilities?
The Foundation is responsible annual monitoring of each conservation easement
it holds.
The Foundation is also charged with enforcing the terms and conditions
of each easement, if there is any violation of the easement document.
The Foundation will take legal action if necessary to uphold the conservation
easement.
The Foundation does not have any right to use property without the Landowner's
permission.
The Foundation will assist the landowner in its management of the property
to ensure the conservation values are maintained and enhanced.
What steps are involved in donating a conservation easement?
The Foundation's Board of Directors reviews each conservation easement
project at initiation and again at completion.
Upon initiation, an easement document is drafted and approved by both
parties' attorneys. A clean title is ensured.
Maps and pictures are drafted showing the property features. An Appraisal
is completed, if the landowner wishes to make a tax deduction.
Once finalized and approved, the document is signed and recorded.
What costs are involved in donating a conservation easement?
The landowner should expect to incur the following costs:
- Attorney fees to review and draft the easement.
- Survey costs if one does not exist.
- Appraisal of the conservation easement.
- A donation to the Foundation's conservation easement stewardship fund.
This donation is tax deductible and is negotiated individually for each
project. The donation will cover monitoring and future enforcement costs.
What advice should a landowner seek before considering a conservation easement?
A landowner should consider professional legal and financial advice while
considering a conservation easement.
The Foundation can provide information about conservation easements and
other land protection options, as well as a list of suggested surveyors,
lawyers, and appraisers.
The Foundation can not guarantee that the landowner's financial objectives
will be met, but can assist in helping them be pursued.
Case Study: Orr Easement — Woods, Prairie & Stream
David Orr has owned his 52-acre property in Rice Township since the early
1990's. Since that time Orr has worked hard to restore a 5-acre prairie
and to preserve other areas as open space. David has also embarked on
a timber management plan that is improving the health of many acres of
forest.
Bordering on the Small Pox Stream, Orr's easement includes a riparian
area that is actively used by beaver and the state-threatened American
river otter. The easement also preserves important habitat for migratory
birds.
The bench area along the stream shows signs of early Native American habitation.
The state included this location in its registry of archaeological sites,
after pre-historic stone artifacts were found there.
David says, "After learning a lot about how to care for a natural property,
it's a great feeling to know that my hard work and, more importantly,
these great resources are protected through my partnership with the Foundation.
"I bought land in this county, because of its beauty and diversity
— and its ability to invigorate and inspire me. It didn't
take long to become aware of my responsibility to protect a variety of
terrains, an important watershed, and pastoral views.
"I'm hoping that my action to conserve this land permanently will
spur nearby landowners to do the same. The land here is spectacular,
and I hope we can keep it that way!"
Case Study: Otis Easement — Wooded Bluff
All of the Otis family love the woods. Their 52 acres in Rice Township
are about 95% forested. Much of the land is a bluff ridge less than a
mile from the Mississippi River.
They have let nature take its course, leaving most fallen trees for animal
nesting and decomposition. They have cut only those windfalls needed
and suitable for firewood.
Many different neotropical migratory birds visit the Otis property, making
it great for bird watching.
When Jim and Peggy Otis built their unusual house 26 years ago, they discouraged
earth disturbance. Instead of foundation excavation they used a unique
construction technique, hanging the structural framework on driven poles.
The Otis property is adjacent to the 140 acres of The Great Mississippi
River Ridge Association, protected with a conservation easement since
1999.
Jim Otis has said, "Peggy and I bought land in this part of Illinois because of its
special beauty, its unhurried quiet, and the privacy it permitted. We
quite selfishly want to continue to experience those qualities in our
times — and to preserve them forever.
"We concluded that the most promising course for us to follow was
to grant a conservation easement to the Foundation. We have a lot of confidence
in JDCF — and in Mother Nature."
Land Donation
Donating land for conservation purposes is truly one of the finest legacies a person can leave to future generations.
Land Donation Details
Land donation may be the best conservation strategy for you, if you...
- Do not wish to pass the land on to heirs.
- Own property you no longer use.
- Own highly appreciated property, have substantial real
estate holdings, and wish to reduce estate tax burdens.
- Would like to be relieved of the responsibility of managing
and caring for land.
A land donation can offer:
- A substantial income tax
deduction.
- Structure that allows you to live on the land or
to receive a life income.
Land Registry
If you are conserving and enhancing the natural resources on your land but are not ready for any permanent conservation method, consider enrolling in our Land Stewardship Registry Program.
Land Registry Details
This is a non-binding recognition program that rewards you for being a good
land steward. If you agree to continue to conserve the land to the best
of your ability and to let us know if you sell or pass on the land, we will
provide to you:
- A certificate of enrollment.
- A map of the property.
- Information on good stewardship practices.
- Registry sign to post on your land, signifying your good stewardship.
Consider joining more than two dozen landowners in
Jo Daviess County who have enrolled over 5,000 acres of land!
Conservation Easement Overview
