Frequently Asked Questions
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A land trust is a qualified 501(c)(3) non-profit organization that permanently conserves private land. Land trusts conserve land by partnering with willing landowners to hold certain rights to the property while the landowner maintains ownership over the property.
Land trusts hold these rights in perpetuity and steward the land to protect it from development or other uses determined by the landowner.
Land trusts work directly with private landowners and community partners to protect land with natural, recreational, historical, cultural, or agricultural values. Mountain Conservation Trust is a local land trust serving the communities of north Georgia in the southern Appalachian Mountains and foothills.
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A conservation easement is a voluntary legal agreement between a qualifying easement holder (usually a land trust) and a landowner that places restrictions on the use of a piece of property. In a conservation easement agreement, landowners voluntarily give up certain development rights to be held by the land trust, while the landowner retains ownership of the property, the right to use or live on the land, and the right to sell it or pass it on to their heirs.
It is the responsibility of the land trust to monitor and legally protect the conservation values of the property in perpetuity. These conservation values can include wildlife habitat, creeks, working lands, scenic vistas, or historic and cultural resources.
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The value of a conservation easement is determined by appraising the property value before and after the development rights are donated by the landowner. The difference between the amounts constitutes the value of the conservation easement and is recognized as a charitable contribution by the IRS. This charitable contribution allows the landowner to take advantage of certain tax benefits.
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