1. What is a Land Trust?
Land trusts are public, nonprofit organizations that work cooperatively with landowners and government agencies to conserve land that has natural, historic, productive, scenic, or recreational value. They protect land permanently by negotiating agreements with property owners who want to place limits on the future uses or development potential of their property. Over 1,000 land trusts now operate in the United States. The Nature Conservancy and The Trust for Public Land are two well-known national land trusts.
2. Who are we?
The Palmer Land Trust is a public, non-profit, non-political, member-supported land trust governed by a local, volunteer Board of Trustees dedicated to the protection of open space on private and public lands in the Pikes Peak region.
3. Why do we need a land trust in the Pikes Peak area?
Population growth along the Front Range creates development pressure on agricultural and open space lands. The working ranches and extensive open areas that once surrounded our communities have yielded to the spread of urban boundaries and suburban sprawl. To prevent the supply of open lands from receding further, The Palmer Land Trust works with interested private landowners to preserve agricultural property, wildlife habitat, natural area buffer zones, and family lands. We also work with public agencies to conserve important recreational assets and scenic lands.
4. Does Colorado really need almost 40 private land trust organizations?
A local land trust draws membership and a governing Board from residents of its community, providing each organization with a unique understanding of local needs and conditions. Working with neighbors to meet their objectives within a context of established community priorities provides a familiar, responsive, flexible, confidential, and cost effective approach to land conservation.
5. Who started The Palmer Land Trust?
The Palmer Land Trust was founded in 1977 by a group of private citizens wanting to preserve local landscape features. A volunteer Board of Trustees representing a cross section of community interests and professional skills continues to govern the organization. Three-year terms of service for Trustees insure that new voices and perspectives will regularly assess the group’s activities.
6. How is The Palmer Land Trust funded?
Citizens of the community provide financial support through membership dues and gift bequests. These private sources cover all of our administrative and general operating expenses. Contributions from participating private and public easement donors to a separate Easement Stewardship Fund help to meet the annual costs of monitoring and conserving protected properties.
7. How do land trusts conserve land?
The Palmer Land Trust’s articles of incorporation allow it: 1) to accept conservation easements and gifts of land; 2) to seek the donation of property, easement restrictions on private holdings, or contributions of other capital assets for land preservation; and 3) to purchase land. Though we have received bequests of conservation land, The Palmer Land Trust has worked primarily with private landowners to develop legal conditions that permanently restrict certain uses of their property. Each easement is tailored to the unique character of the land and the conservation desires of its owner(s). Lands protected by conservation easements remain in private ownership, and historic use may continue as long as the identified natural resource values remain protected. The section “Frequently Asked Questions about Conservation Easements” provides more information on this topic.
8. How do land trusts ensure the permanent protection of land?
A land trust acquires a legal responsibility with each easement to insure the application of its terms in perpetuity. It reviews each agreement during annual, on-site inspection tours scheduled with the landowner to assess whether the condition of the land complies with the easement. The Palmer Land Trust trains volunteer Stewards to perform these assessment visits. After each property tour, a written report documents the visit. If an easement violation has occurred, the owner will be asked to correct or mitigate the problem. If the landowner does not comply with the request, a land trust has the right to take legal action. The Palmer Land Trust has a dedicated Easement Stewardship Fund separate from its general operating assets to cover the costs of routine monitoring. Other expenses of maintaining easements, such as initiatives undertaken to prevent violations or legal measures necessary to insure compliance, come from the stewardship fund. Every easement document also specifies that all of a land trust's conservation holdings and stewardship endowment funds will transfer to a similar, nonprofit conservation organization if the initial recipient group ceased to exist.
9. Who benefits from land conservation?
Everyone does. For participating individuals and families, conservation easements provide customized protection for lands with important personal meaning. Donated easements may also offer grantors substantial income and estate tax relief (see “Tax Considerations”). Homeowners near protected open spaces often enjoy increased property values. The conservation of ranch land preserves an agricultural land base for future generations. Open lands also maintain view corridors for all to enjoy and secure habitat for healthy populations of native plants and animals.
10. What policies guide a land trust?
The Palmer Land Trust is a non-profit, 501 (c)(3) organization with publicly available bylaws and articles of incorporation. We use a five-year strategic planning process with annual reviews and updates to set priorities and shape initiatives. The Land Trust also follows the “Land Trust Standards and Practices” guidelines issued by the Land Trust Alliance and the Trust for Public Land.
11. What laws govern the operations of land trusts?
Colorado law (C.R.S. 38-30.5-101 et seq.) authorizes the granting of conservation easements to qualified non-profit organizations or government agencies. These agreements must be recorded at the County Clerk and Recorder's Office. State law and county ordinances consider the effect of an easement's conditions on property taxes. Federal laws regulate the financial benefits, such as income and estate tax relief, that may accrue to easement donors. See “Legal Resources” and “Tax Considerations” for more information on these topics. Finally, the Internal Revenue Code imposes certain restrictions on land trusts as a condition to receiving and maintaining their non-profit status.