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21 Pioneers of Land Protection AT EASE WITH AN EASEMENT Two landowners discuss what it's like to have an agricultural conservation easement on their properties, and to partner with AFT. By Valerie Berton What is it? Utility companies use them. Your neighbor may have one. Many of us live with them every day and don't think much about them. They are easements, and they are so common . in our society that they often go unnoticed. But what about easements that are used as tools for farmland protec- tion? This type of easement certainly requires more thought. What is it? How does it work? And what is it like to live with an easement that protects your farm? Fortunately, there are a growing number of farmers, ranchers and organizations across the country that can answer these questions. American Farmland Trust began dealing with these questions when it acquired its first easements shortly after its formation in 1980. The kind of easement AFT uses to protect farmland, an agricultural conserva- tion easement, does so by restricting the development of valuable farm- land. People new to this concept might ask how AFT does that. The answer - is: AFT doesn't; the landowner does. Many landowners contact AFT because they are concerned about N the future of their farms. They may be experiencing intense development pressure from nearby cities and towns. They may be concerned with the economic viability of their prop- erty as a farm. They may be facing estate tax and farm transfer issues. But the common thread seems to be a love for the land on which they live and work. These landowners volun- tarily restrict the fiiture uses of their property to protect it as farmland for- ever, and AFT partners with them in their protection efforts. Simply put, an-agricultural con- servation easement is a voluntary contract in which the landowner gives up certain rights and limits the use of the property primarily to agri- cultural purposes. Landowners still hold title to their property and enjoy all the rights of ownership, but the conservation easement is perpetual and binding on future owners. A qualified nonprofit organization such as AFT, or a governmental agency, then holds the right to enforce the easement in perpetuity. Easements can either be sold or donated to these organizations or agencies. The IRS considers donated easements chari- table donations, and in many cases, the landowner or "donor" may real- ize some tax benefits. When AFT works with a landowner to draft an agricultural conservation easement, it is clone with two primary goals in mind. First, the intent of the easement is to protect the agricultural and natural resources of the property. Second, the easement is drafted with the needs of the farmer or rancher in mind. A certain amount and type of farm - related development is expect- ed. In many cases, the right to build a residence for family members is retained by the landowner. In other instances, the landowner may wish to retain the right to construct only farm structures. Whatever the restrictions, it then becomes AFT's responsibility to uphold the terms of the easement. It is a responsibility that AFT takes seriously. Being a good steward of its easements not only supports its mission, it also supports the land trust movement as a whole. To this end, AFT has developed a steward- ship program to manage its 60 -plus easements. This is quite an undertak- ing, as AFT holds easements on more than 50,000 acres in 20 states. AFT's Stewardship Manager, Kristina Ely, says, "The story doesn't end when everyone signs on the dot- 18 A M E R I C A N F A R M L A N D S P R I N G 2 0 0 1