What is a land trust?
Land
trusts are private, non-profit organizations with a primary
mission of conserving land and open spaces. In most instances, the
Internal Revenue Service (IRS) expressly recognizes a land trust
as a charitable organization.
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How do land trusts conserve land?
While
land trusts may own title to land, they more commonly hold,
manage, and administer conservation easements from
landowners who desire to preserve the conservation values and open
spaces of their land.
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Are there many land trusts?
According to the Land Trust Alliance (LTA), some trusts organized
over 100 years ago. Today, LTA estimates over 1,200 local and
regional land trusts protect over 6.2 million acres in the United
States.
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What or who is Ranchland Trust of Kansas?
This
entity is a non-profit organization founded by the Kansas
Livestock Association (KLA) in 2003. The Ranchland Trust of Kansas
(RTK) is an affiliate of KLA, and
is recognized by the Kansas Secretary of State and IRS as a
separate, stand-alone organization with its own articles of
incorporation, bylaws, budget/checking account, and board of
directors.
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What is the purpose of RTK?
The
mission of the Ranchland Trust of Kansas is to preserve Kansas’ ranching
heritage and open spaces for future generations through the
conservation of working landscapes. To fulfill this mission, RTK is authorized in its bylaws and IRS filings to acquire,
own, hold, protect and defend conservation easements.
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Why did KLA create a land trust?
KLA leaders in
the Flint Hills expressed interest in forming a land trust in 2001
to provide a rancher/landowner-governed organization to assist
landowners who are considering conservation easements on
their working ranchlands. The ranchers and landowners involved in
forming the RTK believe the vast acres of open-spaced ranch
lands of Kansas will be under more intense developmental pressure
in the future. These leaders believed many landowners would prefer
voluntary conservation easements as an economic alternative to
development, especially if the easements could be held and
administered by a qualified and competent agricultural land trust.
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Have other agricultural organizations formed land trusts?
Yes. In fact, RTK
is a member of a coalition of land trusts that are affiliated
with five state livestock producer organizations. This group,
called the Partnership of Rangeland Trusts, collectively holds 242 conservation easements on over
545,000 acres of working
agricultural lands.
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What is a conservation easement?
A conservation easement is a legally recorded agreement or contract,
between the landowner and a land trust, which limits a property’s
uses to protect its conservation values. These agreements are
entered into on a voluntary basis.
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How does a conservation easement impact ownership
and land management?
A landowner who donates or sells a conservation easement retains
title to their property and continues to determine who may have
access to their property. A conservation easement runs with
the title to the property regardless of changes in future ownership.
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What activities are prohibited or restricted with a
conservation easement?
Each conservation easement is tailored to the conservation desires
of the owner(s) and grantee, but usually restricts (a) sub-division
for residential or commercial purposes; (b)
construction of non-agricultural buildings; and (c) surface mining.
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What activities are allowed under a conservation
easement?
Most conservation easements on agricultural land expressly authorize
a continuation of farming and ranching activities. RTK’s purpose
is to preserve working agricultural land for subsequent generations.
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Are there any economic incentives for donating a
conservation easement on my property?
The
donation of an easement may qualify as a charitable contribution for
federal income tax purposes. (Conservation Easements donated in
2008 or 2009 may be subject to an enhanced tax benefit!)
Furthermore, a conservation easement may reduce estate and gift
taxes.
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Can I receive a payment for placing a conservation
easement on my farm or ranch?
Funds to purchase conservation easements in Kansas currently are
limited. In the last three sessions, the Kansas Legislature appropriated money
to match USDA Farm and Ranchland Protection funds for a few
purchased conservation easements. The USDA Grassland Reserve Program
(GRP) has provided money to purchase conservation easements on
24,000 acres of grazing lands in Kansas. Additional GRP dollars will
be
available when the 2008 Farm Bill is implemented.
Securing a sustainable source of state funds for the purchase of
conservation easements is a long term goal of RTK.
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Why would anyone consider placing a conservation easement on their
property?
A conservation
easement is not for every landowner, but it is a tool that many are
using to preserve their land and their legacy for future
generations.
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Of course, we'd be happy to answer any questions you
might have. Just pick up the phone and give Mike a call. |
