What is a conservation easement?

A conservation easement is a voluntary legal agreement between a landowner and a land trust that secures the property’s agricultural and conservation values in perpetuity. While retaining ownership, the landowner reserves the right to continue activities such as farming, ranching, or recreation that align with the land’s conservation values. To protect these values, the agreement establishes permanent restrictions against commercial development and most subdivision, ensuring the land remains intact for future generations.

How long does a conservation easement last?

All of NLT’s conservation easements are perpetual. The easement is attached to the deed of the land, meaning the easement is still in place even if the land changes hands.

What types of land does Nebraska Land Trust conserve?

Nebraska Land Trust is primarily an agricultural land trust. We will consider conservation easements to preserve lands that: remain essentially in their natural state; are ecologically, historically, or archeologically significant; serve as wildlife habitat; or are used for low-impact agriculture.

How do conservation easements affect property rights?

The landowner still owns the land and retains all other rights not specifically prohibited by the conservation easement.

Do conservation easements restrict a landowner’s ability to sell or bequeath land?

No. Land protected by a conservation easement may be sold or transferred at any time, but the conservation easement is attached to the title so that any restrictions will pass to all future landowners.

What land uses are typically allowed?

This list is driven by each landowner’s needs, but the landowner usually retains the rights to live, farm, ranch, hunt, fish and camp on the land, along with other activities that are consistent with conservation goals, which can even include some limited development.

What land uses do conservation easements typically prohibit?

Every conservation easement is different depending on the conservation goals and each landowner’s circumstances, yet most will prohibit excessive new development, confined livestock feeding operations, mining, logging, and the destruction of wildlife habitat, native plant communities, or historic sites.

Does a conservation easement require public access?

No. The land remains in private ownership, and public access is not a requirement.

Does Nebraska Land Trust visit the property?

Yes. We arrange annual monitoring visits to the property to ensure the terms of the easement are being upheld. This visit also allows us to maintain a supportive, ongoing relationship with the stewards of the land.

How are conservation easements enforced?

When conservation easements are created, a baseline report is required to document current conditions. Among other things, these reports usually include detailed maps, an inventory of plants, animals, wetlands, woodlands, grasslands, existing development, any historic sites, and photographic documentation of visual appearance. When annual monitoring visits are scheduled, this report will be compared to existing conditions. If a violation is identified, the landowner will be notified immediately by the land trust and an attempt will be made to find an agreed upon solution that corrects the problem. If necessary, the Nebraska Land Trust can also take legal action to fulfill its conservation easement obligations.

As the easement holder, does Nebraska Land Trust have the authority to make management decisions on my farm or ranch?

No. The landowner retains full management control over the property. Because you continue to hold the deed, you remain the primary decision-maker for the day-to-day operations of your farm or ranch.

Does the entire property have to be included in an easement?

No. A conservation easement is a flexible tool that can be tailored to meet your specific goals. While many landowners choose to protect their entire property, you may opt to include only a portion. Building envelopes are a useful tool to allow limited development for future homes or agricultural facilities in a specific area.

How is the value of an easement determined?

A qualified real estate appraiser will determine the value of an easement. The appraiser will consider the property’s “before” value on the open market and its “after” value with easement restrictions on it. The difference between these two figures is the value of the easement.

Only you can determine if a conservation is right for you. We are always happy to answer any questions.

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