What is the George Rogers Clark Land Trust (GRCLT)?
The land trust is a nonprofit organization that, as all or part of its mission, actively works to conserve land by undertaking or assisting in land or conservation easement acquisition, or by its stewardship of such land or easements.
Is GRCLT a government agency?
No, it is an independent, entrepreneurial organization that works with landowners who are interested in protecting their land from future development. All the directors of GRCLT are volunteers.
What are the advantages of working with a land trust?
Land trusts have close ties to the community. They understand community concerns and the needs of the landowners they work with. In addition, land trusts’ nonprofit tax status can bring a variety of tax benefits. Donations of land, conservation easements or money may qualify you for income or gift tax savings.
What does a land trust do?
Local and regional land trusts, organized as charitable organizations under federal tax laws, are directly involved in conserving land for its natural, recreational, scenic, historical and productive values. Land trusts can purchase land for permanent protection, or they may use one of several other methods: accept donations of land or the funds to purchase land, accept a bequest, or accept the donation of a conservation easement, which permanently limits the type and scope of development that can take place on the land. In some instances, land trusts also purchase conservation easements.
Are land trusts new things?
Not at all! A very few land trusts have already celebrated their centennials, but most are much younger. In 1950, for example, just 53 land trusts operated in 26 states. Today, more than 1,700 land trusts operate across the country.
Are there Land Trusts in Indiana?
Yes, the Land Trust Alliance currently lists almost 30 land trusts that are operating in the state of Indiana. The George Rogers Clark Land Trust (GRCLT), Inc. currently serves the Southern Indiana area. GRCLT was originally formed after a planning process and needs assessment conducted by the Clark County Soil and Water Conservation District. It functions as an entirely separate entity from the SWCD, but the Board of Supervisors supports its mission of preserving and enhancing the rural character, agricultural production and natural integrity of Southern Indiana through land stewardship, education and partnerships.
Are all land trusts the same?
No. Land trusts across the country are united in the idea that important land should be protected for future generations, but each organization approaches this idea differently. Some land trusts serve a small area, and others operate across several states. Some focus on a particular habitat like wetlands, while others concentrate on a species, or a recreational opportunity. The GRCLT’s area of concentration is on the preservation of farmland.
So, what is a conservation easement?
It’s an agreement, signed by the landowner and the land trust, that transfers the landowners’ right to develop the property to the land trust. After both parties have signed this document, it is recorded by the County Recorder in the county where the easement is located.
Do I still own my land, even though there’s a conservation easement on it?
Yes, you still own your land. If you sell the property or leave it to your descendants, the next owner will take title to the property subject to the conservation easement already recorded and attached to the deed.
Do I maintain the right to live on or farm the property and is it necessary to allow others onto my property once the easement is granted?
Yes and No. Yes, you can still reside on the property, farm the property, carryout your conservation plan for the property as long as the easement restrictions don’t prohibit it. No, you do not have to grant access to your property to the public simply because it is under an easement.
Do I have to grant such an easement on my entire property?
No. You can grant such an easement on a part of your property. You’ll just need to get a survey to show the part of your property that will be subject to the conservation easement.
Are all conservation easements alike?
No. Each conservation easement is unique. An easement on forest land or open space may say that the land must remain that way and that no buildings can be constructed within the easement area. If your conservation easement is designed to protect farmland, your easement will restrict the future use of the land to farming and agricultural practices. Since easements are designed with a look to the future, an area may be included to allow for the construction of additional homes or agricultural buildings within that area, while still protecting the agricultural integrity of the property.
Who decides what restrictions are put in a conservation easement document?
The decision on specific restrictions is determined through a collaboration between the landowner and the land trust. The landowner decides which ownership rights to limit, while the land trust helps ensure that the restrictions protect the conservation values of the property.
How long does a conservation easement last?
Forever. Since the recorded easement becomes a part of the deed, the restrictions of the easement are forever attached to the property.
If I put a conservation easement on my property, what do I get for it?
Aside from the knowledge that you have done something good for future generations and for the planet, you could bet a nice tax deduction. GRCLT does not guarantee or provide consultation about the value of the conservation easement. Those questions are best addressed by your accountant and attorney.
Who is responsible for making sure that the conditions of the conservation easement are enforced in the future?
When a land trust accepts a conservation easement it also accepts the perpetual responsibility to steward and uphold that easement, its purposes and conservation values. The land trust makes an annual stewardship inspection. Ideally, they meet with the current landowner and discuss any challenges or concerns. They take photographs and record the current property conditions.
Does GRCLT place a conservation easement on every property they are contacted about?
No. The GRCLT has a legal and ethical obligation to help ensure that their land protection program results in real public benefit. The land trust is selective, prioritizing properties with valuable conservation features and those that align with their mission.
Do I have to pay an annual stewardship fee for my easement property to be inspected?
Stewardship fees paid to a land trust are generally not on an annual basis, but rater a one-time contribution at the time the conservation easement is granted. The contribution is typically invested by the land trust, and returns are used to fund ongoing stewardship activities. Funds are also set aside for legal defense costs that may be incurred by the land trust if they have to pursue legal action against subsequent owners who violate the terms of the easement.
Can a conservation easement be undone?
Conservation easements are conveyed by deed, have a conservation purpose, are in perpetuity (legal term meaning forever), require stewardship and monitoring, may only be extinguished by a court of law, and may have offered tax benefits which could require repayment of all, or a portion of the benefits received. It is difficult to remove a conservation easement and that is part of why the land trust works so hard to make sure that the recorded documents reflect the wishes of the landowner and meets the “conservation purpose” test that the land trust must abide by.
How long does the process take to complete the easement process?
Most projects typically take from 1.5 to 2.5 years to complete, which may vary depending on the complexity of the easement and the process used to assist the landowner in obtaining the necessary funds for the stewardship fee contribution.
Where do I get more information about the George Rogers Clark Land Trust?
You may contact 256-2330, ext. 3 and the staff will put you in touch with members of the GRCLT Board of Directors.