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FYI
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The TPWD has published a very comprehensive resource entitled Conservation
Easements:
A Guide for Texas Landowners. Contact the Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX 78744.
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Under a conservation easement, the landowner retains the legal title to the property
and determines the types of land uses to continue (ranching, farming, right to build a home, etc.) and also determines the type of land-use restrictions. For example, a
farmer in Hunt County decided to use the conservation easement to protect native prairie remains for future generations. He donated a conservation easement to the
Nature Conservancy of Texas. This particular easement allows the landowner to continue to produce hay and to make other uses of the property but restricts any
uses of his property that would harm the resource the farmer wants to protect—the native prairie. The Nature Conservancy, in turn, holds the conservation easement
and has the obligation to ensure that it is maintained according to the legal agreement.* A conservation easement may qualify the landowner for various tax
benefits. Texas currently has 156,226 acres under conservation easments.
A landowner whose property has a conservation easement can sell the land at any time or will it to family members (or
others), but the conservation easement remains tied to the land and obligates future owners to its terms. For example,
a South Texas rancher has donated a conservation easement of 475 acres of prime brush land in order to protect the
habitat of the ocelot, which used to thrive in South Texas and now is on the federal endangered species list. (The
rancher wants to make certain that his heirs continue to have the opportunity to see this beautiful creature roam wild on the ranch.*)
Land trusts are legal entities often used to accept conservation easements, though not all land trusts accept
conservation easements and most trusts have broader conservation purposes. A land trust is defined as a local,
regional, or national nonprofit organization that protects land for its natural, recreational, scenic, historic, or productive
value. Land trusts may purchase land or accept donated properties and easements for conservation purposes. Some
land trusts only advise and assist landowners in meeting their conservation objectives and do not accept land donations
or manage easements. Some land trusts work in specific geographic areas or concentrate on protecting different natural or cultural features (open space, historic sites, park land, farmland).* There are 34 non-profit land trusts in
Texas conserving approximately 307,717 acres. This includes 156,226 under conservation easments, 109,484 acres
owned by the land trusts, and 42,007 acres conserved through some other type of conservation approach.
The Nature Conservancy of Texas, a not-for-profit organization and land trust that helps preserve significant natural
areas, has been working in Texas since 1966. The Conservancy identifies acreage that needs to be protected and then
preserves the land through gift, lease, trade, or purchase. The organization also works with private landowners who want to manage land for conservation purposes. *
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