Land Conservation

Attorney Kaplan has been directly involved in more than twenty major projects that included a land conservation component. Typically families with large land holdings may be interested in protecting their land but also have concerns about losing the value of their property for future generations. This is especially true for farmers whose land is often their greatest financial asset. As always, tax implications must be considered.

The goal for a land conservation attorney is to determine a strategy that accomplishes the owner’s objectives.  Strategies for land conservation take many forms.  Although there are many variations, the two major devices for land conservation are:

  1. The sale of land to conservation organizations, local land trusts or governmental entities for conservation purposes;
  2. The sale of development rights to conservation organizations, local land trusts or governmental entities for conservation purposes;

Just as every piece of land has its own characteristics, each land conservation deal has its own terms. Because many conservation agreements are intended to last forever, it is essential that the terms be carefully considered.

Recent Land Conservation Projects

  • Represented a number of Massachusetts farm families in the sale of Agricultural Preservation Restrictions (APRs) to the Commonwealth of Massachusetts for maximum value while retaining the right to keep potential building lots on property;
  • Represented a Berkshire County farmer in an eminent domain battle; Obtained a settlement of $1.6 million ($300,000 above the government’s appraised value); Protected the remaining 100-plus acre farm with a conservation restriction resulting in a $250,000 tax benefit; (2007)
  • Negotiated a conservation restriction on 500-plus acres of “core habitat” in the Southern Taconic Range on the border of Massachusetts and Connecticut while retaining two building lots to the owner. The Massachusetts Natural Heritage and Endangered Species Program describes “core habitat” as areas with the highest priority for biodiversity conservation and protection in the Commonwealth; (2007)
  • Negotiated a conservation restriction limiting development on 173 acres of pastureland and woodlands in Williamsburg, Massachusetts while allowing the family to retain building rights on 11 acres; (2007)