The Easement Process usually consists of several steps, as outlined below:

1) Initial discussions / landowner development plans: The landowner will ultimately need to clearly lay out his long-term plans for the property, including planned developments and alterations of the current land status. These details will help us craft an easement that is acceptable to the landowner and the Land Trust. As this process nears completion, the landowner should consult with his or her financial and legal advisors. The Land Trust does not provide financial and legal advice.

2) Information gathering / Baseline Assessment: To inventory and document the resource values of the easement proposal, the Land Trust conducts a baseline study of the property's historic and present land uses, including agriculture, man-made features, ecological features, wildlife use and habitats, soils, hydrology, geology, and scenic values. For landowners who claim income tax deductions for easement donations, baseline data must be collected prior to the granting of the easement gift as an IRS requirement (Treas. Reg. 1.170A-14(g)(5)(i)). A specific minerals report may be necessary if the landowner does not own all the mineral rights. The landowner must also secure subordination of property mortgages. The baseline inventory is also essential to document property conditions when the easement is created. The Land Trust has established standards for baseline assessments.

3) Drafting the Easement: The landowner and the Land Trust work together to draft a conservation easement specific to the property. The Land Trust will provide a draft Conservation Easement as soon as initial surveys are completed and the landowner has provided basic ideas for future property management. From that point, the landowner and the Trust and respective legal advisors can negotiate toward an easement that will be acceptable to both parties. The final easement must meet the landowners long-term goals for his property, and provide for conservation of natural and scenic resources.

4) Appraisal of the Property: With a final draft easement in hand, a qualified appraiser can assess the value of the easement donation. This step is the responsibility of the landowner, who must justify that value to the IRS.

5) Sign and record the Easement: The TRLT Board of Directors must approve all conservation easement proposals. After approval, the Conservation Easement is signed, and the document is recorded at the courthouse in the appropriate county.

6) Monitoring the Easement: In accepting the easement, the Land Trust assumes responsibility for assuring to the IRS that easement provisions will remain effective in perpetuity. The Land Trust will have the responsibility of monitoring the property once or twice/year to assure that easement conditions are met.