Conservation Easements
Conservation Easements
Conservation easements are one of the most flexible and effective means available to protect private property while providing tax relief. A conservation easement is a voluntary legal agreement that ensures that property will be managed according to the landowner’s wishes. Each individual agreement is unique to the special qualities of the land and the conservation goals of the landowner.
Property rights involve many components, including rights to manage resources, change use, subdivide or develop land. Under a conservation easement, a landowner voluntarily limits one or more of these rights. For example, a landowner donating a conservation easement could choose to limit the right to develop a property, but keep the rights to build a house, raise cattle and grow crops.
Often, landowners donate these easements. However, public funding sources can offer far more opportunities for significant land conservation. In 2005, the Texas Legislature created the Texas Farm and Ranch Lands Conservation Program, a purchase of development rights (PDR) program that is designed to pay property owners who volunteer to conserve their land. However, this program has never been funded and very little funding is currently available for conservation in Texas. Click here for more information on a 2009 effort by Rep. Charlie Geren and former Sen. Kip Averitt to fund the program and earn federal matching money that would help Texas landowners conserve.
Despite the lack of funding at the state level, cities and counties in central Texas including Austin, San Antonio, Hays County and Travis County have passed bond elections to generate public dollars to preserve natural areas and protect water supply. Contact HCA for more information about these opportunities.
Past Workshop Resources
The Hill Country Alliance has had success in hosting workshops to highlight financial and conservation tools available to rural landowners in fast-growing Hill Country counties. These workshops are designed to provide farmers, ranchers, and other landowners with effective tools and resources to help them address issues inherent in passing family land on to future generations.
Virtual Landowner Workshop
This panel was recorded during the Fall 2020 Hill Country Landowner Workshop on October 2, 2020. This half-day, virtual workshop included numerous presentations from regional experts and concluded with a local landowner panel. The event was co-hosted by the Hill Country Alliance, Hill Country Land Trust, and Texas Land Conservancy, with support from the Gillespie Country AgriLife Extension, Alamo RCD, Texas A&M Natural Resources Institute, Braun & Gresham, Plateau Land & Wildlife Management, and James D. Bradbury, PLLC.
Comal County Land Conservation Workshop Resources
On February 15, 2019 with the help of the Comal County Conservation Alliance, we hosted a landowner workshop covering a variety of topics related to conservation easements at the Anhalt Dance Hall in Spring Branch, TX. The presentations given at this workshop can be accessed below.
Presentations from 2/15/19 Workshop:
- Daniel Oppenheimer, HCA – Hill Country Growth and Land Conservation
- James Bradbury, PLLC – Conservation Easements in Texas
- Margaret Menicucci, Braun & Gresham Attorneys at Law – Conservation Basics & Income and Estate Tax Benefits
- Carrie Kasnicka, Guadalupe-Blanco River Trust – Land Trust 101
- Shane Kiefer, CWB Plateau Land & Wildlife Management – Introduction to Wildlife Management Property Tax Valuation
Recent Conservation Easement News
Texas Hill Country property to be pristine sanctuary with limited access
Conservation has won after a pristine 32-acre parcel in the Texas Hill Country was donated to the Cibolo Center for Conservation. Instead of turning into a possible housing development, the property will become a sanctuary that will have limited access to the public...
Saved from sprawl: Deal on ranch in Comal County part of efforts to protect water for S.A.
Under a new conservation easement, held by the Edwards Aquifer Conservancy, Moore and Dischinger have guaranteed that the land will remain as it is in perpetuity, preventing it from being turned into more suburban sprawl. The agreement also protects vital acres on the...
Exclusive: Travis County reaches $90M deal for 1,500 acre wilderness park near Spicewood
The $90 million purchase, the largest amount for a buy in Travis County Parks’ history, was made possible by voters’ approval last November of a $276 million bond for parks and land acquisition, as well as the decision by Scott’s mother, Nadya Scott, to donate roughly...
New trail in San Marcos will connect natural areas on aquifer recharge zone
Hikers will be able to walk — by next March at the latest — from one pristine natural area to another on a new trail planned near San Marcos. The “Limestone Link” trail will run between River Recharge Natural Area and Ringtail Ridge Natural Area on the west side of...