How a select group of nonprofit land conservation organizations have responded to new congressional definitions of open space

The use of conservation easements for land conservation purposes is an old idea which received new recognition with Congress' passage of the Tax Treatment Extension Act of 1980. That legislation allowed for tax deductions of "qualified conservation contributions" and included a new open space conservation purpose in that definition.

This study undertook a literature review and a survey (via questionnaire) of twenty-two nonprofit land conservation organizations to determine the problems with the easement approach. In particular common law problems, the Treasury Regulations, and management issues were reviewed.

The results show few problems to date with the easement approach, but it is still early in the slow evolution of the conservation easement tool. It will take several generations to completely answer the common law and policy questions. The questions presented by the I.R.S. regulations will largely center around the question of valuation, but will for the most part, be found workable by the local groups.