Easement Enabling Law
Preservation Books
Establishing and Operating an Easement Program |
Provision for the protection of historic properties through the donation of a preservation or conservation easement, or partial interests in property, is an important component of a state preservation program.
By donating an easement to a nonprofit organization or governmental agency, privately-owned property of historical, architectural, archeological, or cultural significance can be preserved in perpetuity. In exchange for the donation of this partial interest in property, the donor becomes eligible for a charitable tax deduction for the value of the easement. See, generally, I.R.C. § 170(h); Treas. Reg. § 1.170A-14. The terms of the easement are embodied in the easement agreement.
State law recognizing the validity and enforceability of easements is a necessary component of the easement donation process. To date, all states with the exception of Wyoming, have adopted specifically enabling laws for conservation and/or preservation easements.
