l. What can VLF do for me?

Owning land means different things to different people. Some landowners have an almost spiritual connection.  For others, it’s their most important financial asset, while for still others, it’s a connection to their heritage, to their family that came before them. At VLF, we work with landowners to ensure the values they attach to their land, and help them protect the land from unwanted development. We guide landowners as they consider options and assist them in the steps to preservation, whether by a Conservation Restriction (CR), an Agricultural Preservation Restriction (APR), or an outright gift or sale to a state agency, a local municipality, or another conservation group. An advantage of gifts and donations to nonprofit conservation groups with 501 (c)(3) status is that they are often tax-deductible.

2. What is a Conservation Restriction (CR)?

With a CR a landowner basically sells or gives away the development rights of a specific parcel of land to a nonprofit organization or a government agency, to be held in trust. Development on that land is thereby prohibited. Some uses such as farming or timber harvesting might be allowed if specifically written into the CR. The restrictions of a CR are binding on the future owners of the property.
In the case of, let’s say, a forest, the land might have an overall monetary value if developed “to its potential.” If not developed, the land is usually valued for less. The difference between these two valuations is usually considered as the value of the development rights, or the CR. The important point is “to its potential.” A parcel with very limited development potential due to wetlands will not have as great a valuation as a parcel with high ground and extensive frontage on an existing road. Usually an appraisal is done to determine the value of a property were it developed.
Some landowners gift the CR valuation, taking a charitable deduction, while others might sell the CR valuation.  In both circumstances, a CR might lower your property taxes because the overall value of the property is now lower. Federal and state laws change in any given year, so it’s important to work with a lawyer knowledgeable in land preservation.

3. What is an Agricultural Preservation Restriction (APR)? 

An APR is basically a CR for agricultural land.  In this case it is a legal restriction prohibiting non-agricultural use or development of the farmland, in order to preserve it for agricultural purposes.  In this voluntary program, the state can pay the landowner the difference between “fair market value” and “agricultural value” of your farmland.  The fair market value is the parcel’s value if developed to its potential.  With this transaction, a permanent deed restriction is placed on the parcel that prohibits any non-agricultural use or development.

4. How can I gift or sell land?

Some landowners opt to sell their land to a land trust, state agency, or municipality, giving up all ownership rights.  Depending on the importance of the parcel, these buyers might pay an amount close to the valuation that reflects development potential.  Other landowners opt to gift their land or sell it for a lesser value that what the development valuation might be.  VLF can help landowners look at these options.

5. How can I begin to think about my options if I want to preserve my land?

VLF can assist you in looking at the options for your land.  Please contact Dave Ziomek, Chair of the VLF Lands Committee, at home: 413-256-0982, cell: 413-335-5580 or ziomekd@amherstma.gov.