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Landowner Know-How

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  • Depending on how they're written, these agreements can last forever.
  • Conservation easements are attached to property deeds and limit future owners.
  • Development rights may be worth more than anyone knows at this time.
  • Appraisals and legal expenses may cost thousands of dollars.
  • Stewardship committees could make final decisions on land use.
  • Mortgages can complicate land trust transactions.
  • Changes in tax codes may make it difficult to deduct future donations of conservation easements.

    In some cases, the value of a conservation easement donation qualifies as a charitable contribution that is tax deductible. Before entering into a conservation easement, have a real estate attorney review your agreement. You should also consult a tax advisor and possibly a banker.

    To find out about The Land Trust of Tennessee, see www.landtrusttn.org

    For national land trust information, see www.lta.org and www.farmland.org.

  • Farms Forever
    To protect their land from urban sprawl, these families put their farms in trusts.
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    Farms Forever
    Nancy Rhoda
    Giving up the possibility of development on your land represents quite a commitment. It can mean millions of dollars when you look down through the decades and generations.

    However, a growing number of families are fighting sprawl by placing their farms in land trusts. These voluntary agreements protect land from development while allowing families to keep farming. In many cases, these people sacrifice the million-dollar payoffs to preserve a small slice of rural landscape.

    Here are the stories of three Tennessee families that have preserved their farms forever.

    When 86-year-old Elizabeth Crunk of Bethesda, Tenn., read about The Land Trust for Tennessee in her local newspaper, she knew immediately that her 230-acre farm belonged in the program. As Mrs. Crunk's father saw Nashville's urban sprawl creep toward his Middle Tennessee farm, he told his daughter that he never wanted his land divided up into little squares. Following his wishes, this spunky lady has carried on the family tradition for more than 50 years and still raises beef cows and sheep. By placing the development rights into a permanent conservation easement, Mrs. Crunk is using the land trust as a vehicle to pass her family legacy to niece Bettye Cason's family. Mrs. Crunk received no payment for the development rights. In fact, she paid thousands of dollars for transaction costs.

    "I love this land and I've been caring for this farm my way for a long time. I wanted to do the right thing for it and I knew exactly what I wanted to have The Land Trust do for me," Mrs. Crunk says.

    Kermit Holland's love of farming runs five generations deep. Each morning the 91-year-old farmer watches his cattle peacefully graze green pastures. In the evening, he enjoys seeing drivers pull over to watch whitetail deer feeding in his fields.

    Holland has passed a passion for this land on to his children and grandchildren. Ten Holland family members now live on the farm. In 2004, the family took a vote and decided unanimously to place the farm into The Land Trust for Tennessee. "Every time Kermit and I go to a city, it bothers us to see so much prime farmland lost to roads and shopping centers," says Kermit's wife, Nancy.

    By donating the development rights as a conservation easement, the Hollands are making sure their 200 acres will always be a farm. The land is already an oasis of green in the growing town of McKenzie, Tenn.

    Donating the conservation easement will do what the Hollands want� �� ��protect the farm from development. It also limits the family's future use of the land. They helped write these restrictions and understand that an easement is permanently attached to the deed.

    For example, no more houses can be built on the farm. Kermit's son and daughter, Jack and Jill, already have homes on the land. If young Hollands want to live on the property, they must move into existing houses.

    To donate their conservation easement, the Hollands paid $9,900 in legal and appraisal fees. They say it will take six years to recoup their investment through tax savings.

    Taxes were one of the family's major concerns in donating a conservation easement. The original Holland farm was 600 acres in 1829. But over the years parts of the farm were sold off to pay taxes. Removing the development rights should decrease the tax burden when the farm is transferred again.

    "We know these development rights are worth millions, but we don't look at it as a sacrifice. We're doing this for future generations," Jill says.

    Susan and Steve Fisher are in their 40s with two kids in college. The Williamson County couple recently placed their 264-acre farm into The Land Trust for Tennessee.

    "We were afraid our kids wouldn't be able to afford to keep it," Susan says. The farm has been in her family since 1848.

    They set up the agreement so each of their kids can have 5 acres to build a home. Although they've donated the development rights, the Fishers believe the farm's value will grow in the long run. The Fisher farm adjoins Mrs. Crunk's property, making a 400-acre block that will never be developed.

    "The land may be worth less in the short-term, but we think it will be worth more in the future because there won't be many farms left in this area," Susan says.


    Elizabeth Crunk's father asked her to never cut up his farm. The Holland Family (Jill, Kermit, Jack, and Nancy) saved the fifth generation farm.
    Farms are growing scarce in Steve Fisher's area. The Hollands hold family meetings in this restored log cabin.
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