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Comparing/Contrasting Public and Private Options
The table below addresses issues generally and may not be accurate for your particular situation. Since every land trust and county is different, please contact the land trust or county you might work with to better understand how each operates. |
| Feature |
County/State Program |
Land Trusts |
| How much flexibility is there in crafting the restrictions and other terms of the easement? |
Little to none |
Can be tailored to the land, landowners’ needs and particular conservation goals |
| Can the landowner be paid for placing restrictions on the farm? |
Yes if farm ranks high enough. Might be paid market value or could be limited to a maximum price/acre or a % of market value |
Usually no |
| Are there federal income tax deductions available for easement donations and bargain sales? |
? |
Yes if structured properly |
| Will the county or land trust want to conserve your farm? |
Each county has a scoring system to rank your farm for potential inclusion in the program. Highest ranked farms receive offers first. |
Land trusts usually have project selection and prioritization guidelines used for considering potential conservation projects. |
| What are some of the rules that specifically guide the conservation process? |
Act 43, the Agricultural Area Security Act as well as the associated state regulations and county programs approved by the state |
Most land trusts have adopted the national Land Trust Standards and Practices as their guiding principles. Act 29 of 2001 provides statutory authority for conservation easements not covered by Act 43. |
| Are there timing considerations? |
Must meet program deadlines; highest ranked farms are protected first |
Generally very flexible |
| What are the purposes or goals of the easement? |
All activities and improvements on the land must be associated with agricultural production (with a few exceptions) |
Mutually agreed to by landowner and land trust |
mland can permanently protect their farms with the help of private land trusts or through an agricultural conservation easement purchase program jointly administered by the state and county agricultural land preservation board. There are pros and cons associated with each choice. Some of the most successful conservation efforts involve using both your local land trust and the government program. Below is a table comparing and contrasting the alternatives.