Lower Nehalem Community Trust

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Donating Land

Ways Landowners Can Work with the Trust to Protect Natural Lands

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Donating land for conservation purposes is truly one of the finest legacies a person can leave to future generations. It may be the best strategy for landowners who do not wish to pass the land on to heirs; own property they no longer use; own highly appreciated property; have substantial real estate holdings and wish to reduce estate tax burdens; or would like to be relieved of the responsibility of managing and caring for land.
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Donating land releases landowners from the responsibility of managing the land and can provide substantial income tax deductions and estate tax benefits (while avoiding any capital gains taxes that would have resulted from selling the property). Most importantly, if the land is donated because of its conservation value, it will be protected.
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The Trust does, on occasion, purchase property. If a property meets our land preservation criteria, and donation is not possible, we may consider purchasing the property, or a conservation easement (often referred to as purchase of development rights). When purchasing land, the Trust will work with a landowner to negotiate a purchase price and time line.
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Due to limited resources, the Trust may ask a landowner to consider a bargain sale. Bargain sale purchases entail a voluntary reduction in the purchase price, which may then qualify as a charitable donation and may be deducted from capital gains. If the Trust does not have the financial resources on-hand, purchasing land may also require installment payments, to give us time to secure donations and grants.

Options for donating lands are summarized in the table below:

Choices if you want to retain title

Choices if you do not want to retain title or receive compensation

Choices if you want to receive compensation

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Conservation Easement

Legal agreement between landowner and a land trust or Government agency permanently limiting a property's uses. Owner continues to own, use, and live on the land (tax advantages).

Outright Donation

Land is donated to land trust or agency. Land trust owns and protects land (tax advantages)

Fair Market Value Sale

Land is sold to the land trust or agency at its fair market value (no tax advantages).

Management Agreement

You and the land trust work together to develop a plan for taking care of the land features.

Donation by will

Land is donated to the land trust at death. Land trust owns and protects land (tax advantages).

Bargain Sale

Land is sold to the land trust or agency for a price below fair market value (tax advantages).

Mutual Covenant

A group of landowners agree to restrictions on their land use. May not involve a conservation group. Can be nullified by subsequent agreement of land owners.

Donation of a remaining interest

Land is donated to land trust but owner continues to live there, usually until death.
Land trust owns and protects land (tax advantages)

Charitable Gift Annuity

The owner agrees to transfer property to a charity and the charity agrees to make regular annuity payments to one or more beneficiaries for life.

Lease

Land is leased for a specified number of years to land trust or individual, with restrictions placed on how it may be used.

For more information and to request a copy of Conservation Options A Land Owners Guide from us, call us at (503) 368-3203.

Interested in learning more?
We’d like to talk about it with you and send you more information. The Trust is available to generally discuss protection options with landowners and their advisors. However, we may not give specific legal, accounting, or tax advice. For specific cases, landowners should obtain the advice or assistance from their own attorney or other qualified advisor before making a gift to any charity.

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