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Need help on forming conservation easement - youpick & garden
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Posted by njbiology Zone 7(/6b); NJ (My Page) on Sat, Nov 21, 09 at 1:53
Forming a conservation easement and any ideas?
I will purchase a rural property in New Jersey of approximately 15 acres less than 2 hours from New York City, whether natural or farm land; the property would have to feature a natural pond and be partially wooded. Aside for a home, greenhouse, and barn for which one acre in total will be dedicated for, I will use the land to host a: (1) native garden, wildlife garden, woodland garden, other specialized gardens, a pond/wetland, and open meadow – open to the public; and, possibly, (2) a you-pick/pick-your-own orchard (for profit).
The project, my life-long dream, will be a public resource for family agro-tourism, environmental education, as well as a practical model of native gardening, edible permaculture, and wildlife gardening which will contribute to the like-purposed inspiration and motivation those who visit.
Aside for the location of the home requiring the clearing of trees, trees and natural vegetation will be cleared specifically for establishment of the garden exhibits, orchard, and for the reconstruction of a native meadow. The land will never be developed upon, be for sale, or future subdivision.
At this point, I believe that this best approach would be for me to purchase the property and then directly donate the property (all acres except for the one upon which the home would be built) or sell the property at a reduced price to an established land trust as a conservation easement. In fact, a relation with a land trust is ideal as they have access to funding and may be a good partner resource.
Some questions:
Is it likely to have a conservation land trust in NJ that would purchase the land from me, rather than donating it for the limited benefit of the tax advantages?
Do you think that it would be a good idea to find like-minded individuals to collectively purchase the property and share the project together? Perhaps a larger property would be afforded in that case, with a home for each of the parties?
Do you think that is would be likely to find a ecology/preservation/permaculture philanthropist interested in allowing me to execute my plans on a portion of their own land or to sell me land at a reduced price? Maybe if I had a detailed website describing what I intend to develop and the great conservation and intrinsic value of such?
Any ideas on this?
A farmer who is on a farm land trust in New Jersey said that I’d be much better off trying to obtain farm land which has, itself, an easement stipulation upon it then raw land. I recently had a meeting with a local land trust in New York which was very interested having me host and execute my project on a very generous amount of land under their care. It turns out I would not be able to securely know that my work would remain intact as this would involve a limited lease (in some cases 20 years), the upside being that I would not have to purchase my own land to do this; as for the you-pick, there would be a sharing of profit, which sounds good. I would prefer to have my own permanent property to do this rather then to go this route.
Thanks,
Steve
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Follow-Up Postings:
RE: Need help on forming conservation easement - youpick & garden
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| Steve: Have you spoken to a land use lawyer? I'd advise you to do that...I happen to be one, but I don't practice in NJ. You may well be able to find a portion of a development that had such an easement as a requirement of approval that you could use/buy (especially right now), and a land use lawyer would be aware of those deals, but also, if you are looking at buying restricted property or creating the restrictions yourself, there are a lot of issues (zoning, tax etc) that really require legal advice. |
RE: Need help on forming conservation easement - youpick & garden
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- Posted by brandon7 6b (like 7b now) TN (My Page) on
Sun, Nov 22, 09 at 19:14
Steve,
This idea (or similar ideas) have been discussed on Gardenweb quite a few times. I personally have 25 acres that I dream about turning into a public arboretum. A number of other Gardenwebbers have properties or significant plant collections that they would ideally like to see sustained after they are gone. The major obstacle is money. For a group (university, gardening group/society, etc) to be interested enough in your property to consider keeping it going after you are gone, it has to be an extremely special place or be endowed with a large amount of money. From what I've seen, it is pretty tough. Each year a number of world-class properties get sold off when the owners die. Significant plant collections are often lost. Groups like the Garden Conservancy (probably the largest organization of its type) do what they can for really special places, but the funds and public interest are unfortunately far less than would be required to protect many potential treasures. |
RE: Need help on forming conservation easement - youpick & garden
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| Steve, I hate to sound like a pessimist on this subject, but from what I have seen and experienced, anything you plan and subject your land too can and probably will be undone in court in the future. If you ever sell the land or when you pass somebody will probably have other ideas for the land. If I planned to do something like that I would retain complete control and enjoy the property as I see fit until I die and then it doesn't matter after that anyway, why worry about it. |
RE: Need help on forming conservation easement - youpick & garden
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| Thank you very much for the responses. Actually, I'm more concerned with the conservation easement angle as it relates to my ability to afford a large piece of land so that I can build the public arboretum. In other words, although I am hoping that I will develop such a great project that will remain intact after I'm gone, my immediate dilemma is finding a means for affording the property. Ideally, I can purchase a property that I cannot continually maintain the mortgage on and then immediately sell it at a greatly reduced price to a conservation land trust. For instance, if the property is $400,000 for 25 acres, I sell it to a land trust for $200,000 (more or less, depending) - I build the arboretum and live on the 25 acres that, in the end, costs me $200,000 since I give up my development rights turning them over to a land trust. |
RE: Need help on forming conservation easement - youpick & garden
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- Posted by brandon7 6b (like 7b now) TN (My Page) on
Mon, Nov 23, 09 at 21:16
| Usually conservation easements are reserved for very prime, fairly large pieces of land that in some way play a key role in the environment. I'm not familiar with the going rates for these easements, but I really doubt they're as lucrative for the land-owner as your figures would indicate. I don't want to discourage you from your dream at all; I think it could be a wonderful idea. I do however think it's important for you to realize the size of the hill you are thinking of climbing. Purchasing the land is just the first few steps of your adventure. |
RE: Need help on forming conservation easement - youpick & garden
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| Steve, I think the idea of executing it on an existing easement of a land trust is going to be the most viable route. Those organizations that actually buy land are very picky about what they buy and it is very unlikely they will be interested in the random parcel you bring to them. I would just go for longer than a 20-year lease. Even after the lease ends, if they received a good income stream from the U-Pick they will surely want to continue it .. money streams are very addictive. Scott |
RE: Need help on forming conservation easement - youpick & garden
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- Posted by brandon7 6b (like 7b now) TN (My Page) on
Tue, Nov 24, 09 at 16:44
| I've got a book ordered about this very subject. I should get it in a few days. If it looks like it might be helpful, I'll try to let you know. If you want to email me in about a week or two (if you don't hear anything), I'll be happy to let you know if the book is worth considering. |
RE: Need help on forming conservation easement - youpick & garden
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| Hey Brandon, Sounds excellent. Thanks, as always! I think that I will not be able to work with a conservation land trust; instead, however, I may be able to sell (at a reduced price) my property (development rights) to a farm land conservation trust. I KNOW that I have an excellent concept (no credit to myself; I didn't invent nature) - this would be a very attractive public amenity. Should I email you on gw, or directly? Thanks,
Steve |
RE: Need help on forming conservation easement - youpick & garden
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- Posted by brandon7 6b (like 7b now) TN (My Page) on
Tue, Nov 24, 09 at 20:09
| From my very limited review of farmland conservation trusts, I understood that the majority of their conservation easements were actually donated by the landowner (sometimes for various tax benefits) and rarely ever purchased for significant amounts of money. Organizations like the Sierra Club and The Nature Conservancy provide vastly more money for environmental conservation than is available for farmland conservation (unless you know something that I'm not aware of). Email me in a week or so through GW. I don't want to post my email address because of potential SPAM. |
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