The Clark Fork-PenD Oreille Conservancy (CFPOC) is a land trust organized in 2002 to work with landowners to protect the land, water and wildlife in Bonner County Idaho and Sanders County Montana. 

A land trust is a tax-exempt 501c3 charity that is composed of local citizens concerned about natural resources and conservation.  Land trusts and private landowners work together as partners to protect land with conservation easements and other voluntary conservation methods.

CFPOC adopted the Standards and Practices approved by The Land Trust Alliance (LTA) to ensure that professional and ethical procedures and policies are applied to all CFPOC transactions and operations.

Conservation Options to Consider:

There are many voluntary methods that can be used to conserve and preserve private lands.  Most of the options have major financial benefits to landowners.  We would be happy to discuss the following options with you: 

1) The Donated Conservation Easement
A conservation easement is a permanent legal agreement between a landowner and a land trust that restricts certain land uses such as subdivision or development, but still allows for a wide range of landowner activities such as some residential use, grazing, crop production, or other uses.  By restricting certain practices, the natural areas are protected.  A conservation easement is entered into voluntarily.

A conservation easement allows a landowner to continue to own his or her land, live on it and use it for a wide variety of activities.  With an easement the landowner may sell the land, lease it, rent it, or pass the land to his or her children and grandchildren.  A conservation easement is customized for each property to meet the landowner’s needs and to protect each natural area or ecosystem.

There are major financial benefits to the landowner who donates a conservation easement.  The IRS considers a donated conservation easement a charitable tax donation.  The monetary value of this donation can be applied as a deduction to reduce the landowner’s federal income taxes.

The donated easement can also reduce the estate taxes.  This is a benefit to landowners and their children because sometimes the estate taxes on a property are so high that the landowner is forced to sell the land to pay the estate taxes.  It is sad and frustrating when you discover that your children may have to sell the land you love so much just to pay the taxes.  Conservation easements keep family land in the family.  The donated conservation easement is the most popular conservation method in the United States.  Thousands of conservation easements have been donated in the nation.

2) The Land Donation For Charitable Conservation Purposes

Donating land for conservation in fee simple can be the right option for someone who is no longer able to manage his or her land, has no heirs to whom to transfer the land, or does not want to sell to a developer.  Donation is an excellent choice if the landowner wants a conservation organization to directly hold, preserve and manage the land.  The landowner is eligible to reap federal tax benefits.

 3) Making A Conservation Donation In Your Will

A landowner can donate a conservation easement or make an outright donation of land through his or her will.  Anyone, whether or not they own land, can make a cash donation to the CFPOC for land or water conservation as part of their will.  These methods are good choices if the landowner does not want to act now, but they do want to leave a lasting conservation legacy.

Establishing a Conservation Easement with THE CFPOC is a multi-step process:

1)  CFPOC Executive Director meets with Landowner and inspects property to determine if it
     meets conservation criteria.

2)  CFPOC Lands Committee inspects property and ranks it.

3)  CFPOC Board of Directors considers property from strategy and policy viewpoints for suitability.

4)  Executive Director meets with Landowner to consider Landowner concerns and begins to
     prepare legal documents.

5)  Executive Director prepares a letter of intent, including draft prohibitions to conserve and
     protect the property, reserved rights for Landowner, and fees information.  The letter is sent
     to the Landowner.

6)  Landowner studies and considers letter of intent, especially prohibitions and reserved rights.

7)  Landowner decides to proceed.

8)  Executive Director begins preparation of technical analysis and reports:

• Orders and analyzes preliminary title report that is then checked by the CFPOC attorney.
• Checks for mortgage/contract (get release) on property (federal regulations.)
• Checks for mineral rights (federal regulations.)
• Prepares baseline report (federal regulations.)
• Does environmental due diligence and research (e.g. checks for toxic chemicals on property.)
• Coordinates CFPOC and expert agencies reviews.

9)  Land survey by private surveyor.

10) Executive Director orders a special real estate appraisal to determine property and donation
     values.

11) Executive Director prepares draft formal Conservation Easement document.

12) Landowner with their attorney review the draft Conservation Easement.

13) CFPOC Board of Directors review the draft Conservation Easement.

14) All parties approve draft Conservation Easement and final documents are prepared by CFPOC
     Attorney.

15) Conservation Easement is signed by Landowner and CFPOC and recorded.

16) CFPOC thanks the Landowner and records the documents.

Whether it is through land sale or donation, a conservation easement or improving land stewardship, we are committed to helping landowners do whatever they can to reach their conservation goals. If you live in or own property in Bonner County, Idaho, or Sanders County, Montana, please contact us to find out how CFPOC can assist you, your family and your community.