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The Franklin Land Trust (FLT) which was founded in 1987 is a non-profit charitable organization devoted to the preservation of the farm and forest land, and the rural character, of western Massachusetts. According to Rich Hubbard the Executive Director "FLT is in a position to undertake land protection projects in any town in western MA, although we primarily focus on Franklin, Hampshire and Hampden counties." The Land Trust does not seek to own land, but instead encourages private stewardship through tools such as conservation restrictions. FLT holds interests (e.g.CRs, APRs, fee) in 63 properties totaling approximately 3,000 acres and have assisted in protecting 12,000 acres. Rich says "Right now, FLT is working on close to 100 land protection projects, including a number that involve some of the most spectacular working landscapes (farm and forest land) in western MA. However, I never like to count my chickens until they have hatched!!"
What is a Conservation Restriction? A conservation restriction is a legally binding agreement between a landowner and in this case a private land trust in which the landowner agrees to limit the use of their property for the purpose of protecting certain conservation values. It allows you to continue to own and use your land, sell your land or pass it on to your heirs as long as the provisions in the CR are adhered to. As the landowner you work closely with the trust in crafting the CR to reserve certain use rights of your property such as recreation, farming and forest management while restricting others such as development. The CR document is recorded in the registry of deeds and runs in perpetuity. CR's may have income or estate benefits to the grantor of the restriction.
New Federal Law Gives Better Tax Break for Voluntary Conservation Agreements These new incentives make it easier for working family farmers to donate land by allowing: Donors to deduct up to 50% of their adjusted gross income in any given year Qualifying farmers can deduct up to 100% of their adjusted gross income Donors to carry over deductions for their contribution for as many as 15 years
These incentives are temporary and expire for gifts made after December 31, 2007. FLT sees the new tax law represents a fantastic opportunity (maybe a once in a lifetime opportunity) for landowners to maximize the tax benefit related to gifts of CRs, especially owners of high-value properties. According to Rich Hubbard "We are trying to get the word out through press releases, articles in our newsletter, and mentioning it to landowners and at public meetings every chance that I get."
How can someone become a member of FLT? Call as at 413/625-9152 drop us a note at Franklin Land Trust, P.O. Box 450, Shelburne Falls, MA 01370 or visit our website at www.franklinlandtrust.org.
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