What Yukon Property Consultants, LLC offer is our expertise. Yukon consultants can tailor a program to match our clients' objectives and goals. Once one of our represenatives meets with the client and finds out exactly what they are looking for, we create a program of services that best fits that client.

An insight into Conservation Easement

A conservation easement is a restrictive covenant placed on all or a portion of a property for the purpose of conserving natural resources or restricting the use of such property. Conservations easements have been widely used for decades and are well recognized by all government authorities. The use of such strategy has become common among entities such as partnerships, limited liability companies, professional associations and Subchapter S or C corporations seeking favorable tax treatment. This treatment results when the easements are perfected by a transfer to a "qualified organization" such as a Land Trust or governmental agency capable of receiving such transfers. Internal Revenue Code Regulation Section 1.170-14 provides statutory guidance for taxpayers and their advisors planning such transactions.

In basic form, a land owner maintains ownership of the property while its uses and, therefore, its value is restricted by the easement. When diminution of a property's value occurs as a result of the placement of an easement and such easement is transferred to a qualified organization, certain tax benefits inure to the benefit of the transferor. It is imperative that the transaction be carefully documented as prescribed by state and US regulators to ensure these benefits are perfected.

Parties involved in performing a conservation easement generally include the following:

  • Landowner/Transferor: Taxpayer placing the easement on the property and transferring the easement.
  • Qualified Organization: Typically a Land Trust or governmental agency that can and will receive and enforce the easement/
  • Qualified MAI Conservation Appraiser: Certified individual who will value the land at its highest and best use in perpetuity and calculate the value of the easement.
  • Lender: If present, must subordinate its lien position to the recorded easement.
  • Consultants: Includes biologists, naturalists, conservation consultants, and investment bankers to help facilitate the process and execute strategies.
  • Dept. of Natural Resources (“DNR”): The state’s DNR approves and sometimes pre-certifies whether or not a property will qualify for conservation easement purposes and whether or not state tax credits would be available to the taxpayer.

Please contact Yukon Property Consultants with further questions. We look forward to working with you.


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YUKON
Property Consultants, LLC

Practical Solutions for Banks, Insurance Companies, Public and Private Lending Institutions, Land Developers and Investors with troubled projects


   Yukon Property Consultants,LLC
   3423 Piedmont Rd.
   Suite 500
   Atlanta, Ga. 30305
   Phone: 404 496-4100
   FAX: 404 496-4740
   yukon@yukonpropertyllc.com
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