Donate Land

Donating land for conservation purposes is truly one of the finest legacies a person can leave to future generations. The staff and volunteers of Aspetuck Land Trust would be delighted to talk with you about the various types of conservation land donations as well as the process of making a donation of land or an interest in land.

CRITERIA FOR CONSERVATION PROJECTS

The Internal Revenue Service requires that Aspetuck Land Trust be able to demonstrate that its conservation activities and acquisitions result in a genuine public benefit. In addition, the Trust must be certain that it can fulfill the stewardship responsibilities associated with its land protection activities and public service obligations. Our Board of Directors has adopted the following criteria for evaluating prospective conservation projects. Although each project is evaluated on its own merits, it is important that the project result in a significant public benefit.

Factors that contribute to establishing a significant public benefit are:

• Preservation of land areas for outdoor recreation by, or the education of, the general public.

• Preservation of open space (including farmland and forest land) where such preservation is for the scenic enjoyment of the general public and will yield a significant public benefit.

• Preservation of a historically important land area or a certified historic structure.

• Expansion of an existing preserve or provide connectivity between preserves.

• Provide access to streams, lakes, and the Long Island Sound.

• Protection of a relatively natural habitat of fish, wildlife, or plants, or a similar ecosystem.

Additionally, we are currently prioritizing lands that are located in the Green Corridor, a 40,000 acre area we have identified to in order to accelerate the pace and scale of land conservation in our region. Our key Green Corridor criteria:

• Maintain and preserve habitats along important riparian corridors (Saugatuck and Mill Rivers and Sasco Brook).

• Link existing Aspetuck Land Trust properties and other protected open spaces.

• Link habitats of known rare flora and fauna and other species of conservation concern.

• Avoid and mitigate the effects of habitat fragmentation.

• Protect properties with important farmland soils.

Land donation may provide substantial income tax deductions and estate tax benefits. Although ALT focuses on preserving open space, commercial or residential property might also be donated, with the understanding that the property would be sold to support future conservation efforts.

Upon review of the information on this website, if you have any question for ALT about donating your land, please contact Adam Goodman, Land Protection Specialist either by phone: 845-249-9956 or email: agoodman@aspetucklandtrust.org. The mailing address for ALT is: PO Box 444, Westport, CT 06881

Please consult your attorney or tax advisor regarding major contributions.

FINANCIAL INCENTIVES FOR LAND DONATION

A number of tax programs have been enacted to provide financial incentives for the donation of land and interests in land to conservation organizations. Depending upon the circumstances of the donor’s estate and the terms of an individual gift, these can include:

• Deductions to federal and state income taxes in the year of the gift or in later years

• Reduction in the size of a taxable probate estate

• Relief from town real estate taxes

The value of a gift for these purposes is based upon a professional appraisal of the interest being donated. Aspetuck Land Trust is a qualified recipient of conservation land donations, but it is not a tax advisor and cannot provide advice on how tax laws may apply in individual cases. Because the effect of the tax laws depends on the individual circumstances, it is important to consult your professional tax advisor.

Most of the donations to Aspetuck Land Trust have historically been outright gifts of parcels of land. One such gift is Randall’s Farm Preserve donated by Mrs. Henry B. Dupont in 2012. However, we do purchase land in some cases and there are a few options available. Contact Adam Goodman, Land Protection Specialist either by phone: 845-249-9956 or email: agoodman@aspetucklandtrust.org. 

TYPES OF LAND DONATION

Here is a brief description of the many different forms that conservation land donations can take:

• Land Donation: This is a charitable donation of land which is given over immediately to Aspetuck Land Trust. The land trust takes title to the property, assuming full ownership and future care of the property.

• Easement: It is possible to donate an interest in land such as a conservation easement which is permanent restriction against development – in that case the donor would still own the land itself (thus preserving the original acreage of the property), but Aspetuck Land Trust would have the right to enforce the conservation covenant. Federal tax law provides attractive financial incentives for the donation of conservation easements that meet the “qualified conservation contribution” requirements of Internal Revenue Code Section 170(h) and Treas. Reg. § 1.170A-14. Individuals (and corporations that are taxed like individuals) can typically deduct up to 50% of their Adjusted Gross Income (AGI) in the year the gift and in each of the following 15 years, until the value of the charitable contribution is used up. Qualifying farmers can deduct up to 100% of AGI over the same time period. More information on the enhanced federal income tax incentives for the donation of conservation easements is available here. Many donors also see a reduction in state income tax liability as a result of the federal incentives.

• Gift of Future Ownership: Another method of donation is to make a gift of future ownership – the donor would retain use and possession of the land during his or her lifetime, while Aspetuck Land Trust would become the owner upon the donor’s death or other named event.

• By Will: Some donors have made gifts of land to Aspetuck Land Trust by instruction in their will.

• Neighborhood Purchase and Donation:  In other cases, groups of neighbors have joined together to conserve a special area near their homes.

Aspetuck Land Trust will work with you and your professional advisor to find a donation method that most closely fits your goals and circumstances.

THE LAND DONATION PROCESS

Donating land for conservation purposes to Aspetuck Land Trust is a straightforward process with a set of sequential steps. These steps ensure clear communication between a potential donor and Aspetuck Land Trust. Click Here for a primer to acquaint yourself with the process, timeframe, and costs.