If you are like most residents in Montezuma County, when you hear “conservation easement,” it sounds like a good idea, but leaves you with a lot of unanswered questions. What does it really mean regarding the land itself, your heirs, or selling the land if that becomes necessary. Another concern is what happens to water rights, property values, and does it give a government agency control in any way? And, perhaps you have heard of someone who has made a considerable amount of money when they placed their land in an easement but it is unclear where it actually came from.
There are several factors to consider before making a decision to create an easement on your land. If any of these fit your desires for preserving the historic use of your farm or ranch, then it may be time for you to consider placing it in an easement. Montezuma County is fortunate to have a highly regarded land trust to do just that: Montezuma Land Conservancy. Should you wish to preserve your land for agriculture or open space, placing it in an easement will prevent anyone from changing its future use through subdivision. By selling the state tax credits that result from placing the land in trust, the proceeds can be used for any purpose: sending a grandchild to college, paying off a mortgage, or buying that tractor you have always wanted. Beyond the restrictions that you define for your land, not much changes. The easement will not affect your irrigation water rights, the shares you own in the irrigation company, or any access easements. If you own all of your mineral rights, those are not affected either. You can still sell your land and rest easily knowing that the buyer shares your concern for conservation.
Regardless of your reasons, an easement may be the best choice for preserving what perhaps generations of your family have been building for the future. MLC is a local nonprofit organization that has conserved nearly 40,000 acres in partnership with landowners in Southwest Colorado.
Julia Garratt
Mancos