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Update on Land
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Tuesday, Jan 26, 2010, 11:38AM
Whether it is a farm with open vistas, a lakeside cabin or a working forest, land is the most treasured asset of many New Hampshire families. Over the coming decades, much of this land will pass from one generation to the next. Many landowners would like to preserve the natural beauty and productivity of their property into the future, and ensure that estate taxes will not force later generations to develop the land or sell it out of the family.
One of the best legal tools for conserving natural resources for future generations is the conservation easement. Conservation easements allow land to remain undeveloped and privately-owned, yet may be tailored to allow continuing forestry or agriculture. In many cases, landowners who create conservation easements realize income tax deductions and estate tax savings.
To establish a conservation easement, a landowner conveys by deed a portion of his or her interests in the land to a qualified private organization or governmental agency. The landowner agrees to permanently restrict commercial and industrial development, and to limit certain other uses – including residential development – to protect open space and natural resources. For its part, the conservation organization or agency agrees to act as steward of the land, and to ensure that the usage restrictions are enforced forever.
Ransmeier & Spellman’s Land Conservation Group has years of experience helping landowners negotiate and implement conservation easements. We guide clients through the process, tailoring conservation easements to meet their particular needs and advising them on related income and estate tax issues.
Our attorneys also represent land trusts across the state in land protection projects, easement drafting, and compliance with requirements for non-profit and tax-exempt status. We frequently speak at national, regional, and local forums on land conservation, estate planning, conveyancing, and easement enforcement. We are able to help land trusts enforce the conservation easements entrusted to their care. We are trained mediators, and work in conjunction with Ransmeier & Spellman’s Litigation Department when necessary to protect our clients’ interests. Since 199_, our firm has assisted in the permanent protection of nearly 30,000 acres of the landscape that makes New Hampshire unique.
Members of the Land Conservation Group
Thomas N. Masland
Paul MacDonald
Frank Kenison
Our Projects Include:
Daniel Webster Farm, Franklin NH
Chocorua Forestlands, Ossipee Range
Dimond Hill Farm, Concord, NH
Carter Hill Orchard, Concord NH
Intervale Farm (?), Wonalancet, NH
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