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The value of a conservation easement donation is generally
equal to the value of the highest and best use of the property without
easement restrictions ("before value") minus its value
with the easement in place ("after value"). This calculation
is the work of a qualified appraiser. Under the IRS code, the landowner
must acquire an appraisal to support any income tax deduction he
or she wishes to claim.
An
appraisal is an unbiased, thorough report of property value based
upon comparable property sales. Landowners should expect analysis,
not advocacy. The appraiser is bound ethically and legally to render
a disinterested, objective, and supportable estimate of value, and
must be prepared to defend his findings before the IRS.
A good conservation easement appraisal should include
the following information:
- An analysis of the property, including topography, orientation,
wetlands, road access, soils, vegetation, utilities, general
appearance, and constraints on use.
- A review of federal, state, and county regulations that affect
use of the property.
- Analysis of development and sales market activity in the
area to determine comparable sales.
- Evaluation of one or more highest and best use plans for the
property.
- Evaluation of the conservation easements effect on uses.
- Summary report including all of the above.
A landowner may seek a preliminary appraisal for planning
purposes. If the project proceeds, the landowner seeks a complete
narrative appraisal that complies with appraisal standards and is
supported by adequate and relevant market analysis.
Neither the Land Trust nor the landowner may tell
the appraiser what value must be established. However, the landowner
may provide the appraiser with the following information to expedite
the appraisal:
- Property deed, and/or Title Search
- Assessor's map of Property
- Property survey
- Available comparable sales data
- Easement draft, (near its final form)
- Baseline resource assessment
- Current zoning regulations
- Notes on property access
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