Land trusts are local, state,
or regional nonprofit organizations directly involved
in protecting land
for its natural, recreational, scenic, historical,
or productive
value. Most land trusts are private, nonprofit corporations. Land trusts are
not "trusts" in the legal sense, and may also be called "conservancies," "foundations," or
any number of other names descriptive of their purpose.
Land trusts, like Yarmouth
Conservation Trust, are distinguished by their first-hand involvement in
land transactions or management. This involvement
can take many forms. Some land
trusts purchase or accept donations of land or of conservation restrictions
(permanent,
binding agreements that restrict the uses of a piece of land to protect its
conservation resources). Some manage land owned by others or advise landowners
on how to preserve
their land. Some land trusts help negotiate conservation transactions in
which they play no other role.
Land trusts often
work cooperatively with government
agencies by acquiring or managing land, researching open space needs and
priorities, and assisting in the development of
open space plans. They also may work with
other nonprofit organizations and sometimes with developers. A land trust
may do one, several, or all of these things.
Some
land trusts are organized to
protect a single piece of property, but the more active trusts have a
larger land protection
agenda. They may focus their efforts in a community, in a region, on
a particular type of resource, or on a protection
project.
Some operate statewide and
work cooperatively with local land trusts in
addition to conducting their own land
conservation projects. Resources protected by land trusts include forests,
prairie grasslands, islands, urban gardens, river corridors, farmland,
watersheds, parklands,
marshes, ranchland, scenic vistas, cultural landscapes, Civil War battlefields,
and hiking trails.
Most land trusts depend on volunteer leadership
and support even if they also have a professional
staff.
They have the potential to bring
together a wide range of people in a community, such as naturalists,
planners, farmers, hunters, landowners, community
leaders, sometimes developers,
and others who care about special lands in their
communities.
Land trusts have
many advantages
as a vehicle for protecting land. They can hold and manage land and
other assets as a corporation, rather than through
individuals. As private organizations,
land trusts can be more flexible and creative and can generally act
more
quickly than government agencies, since they
are not as restrained by politics and
procedures. They are able to negotiate with landowners discreetly,
confidentially, and quickly.
Their nonprofit status brings them a variety of
tax benefits. Donations to land trusts may qualify
donors of land,
conservation easements [also called
conservation
restrictions], or money for income, estate, or gift tax savings.
Properly structured land trusts are exempt from
federal and state income taxes, and sometimes from
local property and real estate transfer taxes as well. Nonprofit
status
is also an advantage in raising funds from
a variety of sources.
As community-based
organizations,
land trusts draw on community resources, including volunteer
time and skills. Their community orientation is also
helpful
in selecting and negotiating
transactions. They are familiar with
the
land
in the area and often have the trust and
confidence of local landowners who may not want to
work with government agencies
or
entities from outside the community.
(Source: The
Land Trust Alliance. Starting a Land
Trust: A Guide to Forming a Land Conservation Organization. Virginia: The
Land Trust Alliance, 1990.) |