A Resource for Conserving Private
Land in Jo Daviess County, Illinois

Conservation Options

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.
 

Landowner Easement Profiles

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."

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.

• David Orr Easement
• Otis Family Easement

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"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!"
   —David Orr

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"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."
   —Jim Otis
 

Landowner Easement Guide

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Definition

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.

Land Suitability

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.

Landowner Benefits

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.

Easement Restrictions

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.

Landowner 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.

Landowner's Retained Rights

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.

JDCF 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.

Steps in the Process

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.

Associated Costs

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.

Landowner Advising

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.

• What is a conservation easement? 
• What land is suitable for a conservation easement?
• What are the benefits to a landowner?
• What types of restrictions are typical of a conservation easement?
• What are the landowner’s responsibilities?
• What rights does a landowner retain?
• What are the Jo Daviess Conservation Foundation’s responsibilities?
• What steps are involved in donating a conservation easement?
• What costs are involved in donating a conservation easement?
• What advice should a landowner seek before considering a conservation easement?

• Frequently Asked Questions

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 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:
 

Land Donation

Donating land for conservation purposes is truly one of the finest legacies a person can leave to future generations.

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 Stewardship Registry Program

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.

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!

Thank you for visiting.  Send questions or comments to: info@jdcf.org

© 2008, Jo Daviess Conservation Foundation