FAQs
Here are answers to landowners’ most commonly asked questions about conservation easements, annual monitoring, violations, and property changes. If you don’t see your question answered here, contact us.
Conservation Easements
What helps structure and define the terms of a conservation easement?
While the options are many, there are three core things we discuss most when crafting a conservation easement: conservation values, permitted activities, and restricted activities.
What are conservation values?
Conservation values are aspects of a property that provide ecological and/or public benefit. Some of the most common include wildlife habitat, water filtration, productive agricultural soil, and scenic views.
Who determines my property’s conservation values?
The land does! Legacy staff are trained to observe and define your property’s unique set of conservation values and to craft a conservation easement that protects them.
What are examples of permitted and restricted activities?
Permitted activities can include things like limited construction (such as a residence or new barn), active agriculture, hunting, sustainable timber harvest, ecological restoration, and sale of the property.
Restricted activities can include things like the number of divisions, certain commercial uses, number of structures, mining, and clear-cutting of forests.
Can Legacy sell or develop my land after they hold the conservation easement?
No. Legacy cannot sell or develop your land after the conservation easement is placed. Landowners retain ownership of the land. The rights that are curtailed by the conservation easement are legally extinguished, not held by Legacy. Legacy’s responsibility is to make sure the terms of the conservation easement are upheld.
Can I sell my land after Legacy holds the conservation easement?
Yes. Landowners retain ownership of the land. Landowners can sell their land in the future or pass it on, but the conservation easement remains forever.
Can I develop my land after Legacy holds the conservation easement?
When a landowner enters into a conservation easement with Legacy, they voluntarily limit development and other property rights related to their land. Neither the landowner nor any other person or organization can exercise these restricted rights in the future because they are legally extinguished by the conservation easement.
The conservation easement restrictions apply to the current landowner and all future landowners. Some conservation easements allow limited development, including approved residential construction, additional agricultural buildings, and more.
Who decides the terms of the conservation easement?
Legacy and the landowner work collaboratively to define the terms of the conservation easement. Together, we specify what can and cannot be done on the property. Ultimately, the result is a personalized conservation easement that allows comfortable use of the property while also protecting identified conservation values.
How is the value of my conservation easement determined?
An appraisal is completed to determine the property’s fair market value, and then appraised again to determine its value with the conservation easement’s restrictions in place. The difference between these two values is considered the conservation easement value. The landowner can choose to be paid all or a portion of the conservation easement value, which is typically between 40 to 60 percent of a property’s total fair market value.
Will the public have access to my land?
No. Your land remains private. The conservation easement grants Legacy access for annual monitoring and enforcing the conservation easement terms. Some funding sources we use to help purchase a conservation easement may require very limited public access with notice. Please let us know if this is a specific area of concern for you!
Can I allow public access on my land?
Some easements may allow you as the landowner to grant public access so long as it does not impair the conservation values that are protected by the conservation easement.
Does Legacy own my land now that it’s protected through a conservation easement?
No. Legacy’s legal interest in the property is limited to the enforcement of the conservation easement’s terms and conditions. After the placement of the conservation easement, you still own your property as a private landowner.
Is Legacy responsible for land management, payment of property taxes, or other private land ownership responsibilities?
No. Landowners are still responsible for all aspects of private land ownership after the placement of the conservation easement. Legacy’s rights and obligations are limited to those identified in the conservation easement. However, we love to support landowners in their management efforts. Learn more about landowner resources or give us a call!
Will a conservation easement reduce my property taxes?
Placement of a conservation easement does theoretically reduce a property’s fair market value, as determined by a qualified appraiser. However, property taxation is set by your local assessor, and there is no rule in the State of Michigan requiring that taxable value be reassessed with the placement of a conservation easement. A decrease in property taxes is not assumed with the placement of a conservation easement. Talk with your local assessor to learn more about your specific situation.
Will my property still be protected if Legacy no longer exists at some point in the future?
As far as we can assure, yes! We draft conservation easements with forever in mind. Guided by industry best practices, we include terms in the conservation easement that provide guidance for a future in which Legacy no longer exists. Legacy would facilitate transfer of your conservation easement to another qualified entity, or it would be transferred to such an organization by court order.
Annual Monitoring Site Visit
How long does the annual visit take?
Visits take approximately 2 to 4 hours, depending on the size of the property.
Am I required to be present at the annual visit?
You are welcome to join staff or volunteers as we tour your property, but your participation is not required.
Can I get a copy of the annual monitoring report?
Yes! Contact the Legacy office.
What can I expect each year?
Before the visit: You’ll get advance notice and a chance to schedule a mutually convenient time. You can share questions or upcoming projects with us.
During the visit: A Legacy staff member or volunteer will walk your property, document conditions with notes and photos, and talk with you about current or future land use.
After the visit: We review the information, create a report for your records, and follow up with resources or next steps if needed.
Violations
How can I help prevent violations?
- Get to know the terms of your conservation easement! Request a copy if you need one. If you’d like to sit down with staff to discuss and ensure your understanding, please reach out. We’d be happy to walk through the document with you.
- Inform your neighbors, lessees, or contractors about your conservation easement.
- Contact us before making changes to your property!
What if a third party, like a neighbor or contractor, does something on my property that violates the terms of the conservation easement?
If you discover something new on your property, notify Legacy as soon as possible, so we can help address any possible issues related to your conservation easement!
What are examples of violations?
- Dumping of waste or debris
- Unapproved surface alteration
- Prohibited cutting of vegetation
- Erosion from use of ATVs or other vehicles
- Failure to notify or gain approval for certain activities
- Construction of prohibited structures
- Unapproved timber harvests
- Alteration of streams or wetlands
- Destruction of a resource protected by the easement
Property Changes
Can I make a change to my property?
This depends on your specific conservation easement terms. Double check the terms of your easement, and if it’s not clear or if you still have questions, contact us. Keep in mind that some allowed activities will require approval from Legacy, so when in doubt, reach out.
Do I need to contact Legacy before making a change to my property?
Because every conservation easement is different, regular communication is key! Most times, you will need to contact us before making a change.
I checked my conservation easement, and prior notification and/or approval is required. What should I do?
You must contact Legacy—by mail or email—with requested documentation BEFORE you take action.
Certain activities that require only notification stipulate that you must alert Legacy prior to beginning work, but Legacy does not need to approve the activity.
Activities that require approval stipulate that you must alert Legacy prior to beginning work AND you must wait to begin any associated work until receiving formal, written approval from Legacy. We will do our best to respond in a timely fashion!
How will I know if my planned activity has been approved?
If your planned activity is allowed under the terms of the conservation easement, Legacy will send written approval by mail or email.
What if my planned activity is not approved?
If your planned activity is not permitted, Legacy will work with you as best we can to find a mutually agreeable solution.
What are examples of notification/approval activities?
Keep in mind that each conservation easement is unique. Yours may require you to contact Legacy for notification or approval before starting certain activities not stated below.
- Selling timber
- Removing fence rows or hedge rows
- Installing impermeable surfaces
- Constructing permanent buildings
- Creating new trails or lanes