BRIT's mission is explicitly a conservation one — the organization seeks to contribute toward protecting and maintaining the natural heritage, the biodiversity, and the natural resources of our planet and its many regional expressions. Because of BRIT's research orientation (with its core of herbarium and library) and its education program, its approach toward conservation is through science and education: "expanding our knowledge of plants and raising public awareness of the value of plants to all life."
Without land (and water) in a natural state, however, many conservation goals are hardly attainable. In this perspective, conservation efforts are bound to the necessity of preserving areas as free as possible from a human and cultural overlay.
Texas public and private land
The largest and most significant areas of conserved land in the USA are owned by the public — as national and state parks, national forests, wildlife refuges, and BLM (Bureau of Land Management) land. Most Texans are acutely aware of the small amount of public land in the state and of the correspondingly small area in natural condition.
Publicly owned land comprises 5.7% of Texas's total 176 million acres. About half of this is federally-owned (the largest tracts as national parkland in the trans-Pecos region and the Panhandle). About half is state-owned, and only about 1/5 of that managed by Texas River Authorities and the Parks and Wildlife Department. The State Park system has long been without funds to acquire new properties. The National Forests in Texas are heavily influenced by goals and management practices of the timber industry. Big Bend, Amistad, and the Guadalupe Mountains are wonderful areas and conserved in the National Park system, but most of us wish that they were not so far away.
The Texas Parks and Wildlife Department system manages 1.4 million acres of state parks and wildlife management areas — of this, 650 thousand acres are owned by the state and the rest is leased from the federal government. In contrast, 1.1 million acres of privately owned land in Texas are explicitly dedicated to conservation purposes.
The next few paragraphs introduce basic concepts of conservation easements and land trusts as a means of conserving privately owned land.
Conservation Easements
Conservation easements are an effective way for private landowners to ensure that their property remains in natural state. A conservation easement voluntarily places a restriction on specific uses of a property, commonly its sale, subdivision, or development by a change in use. The landowner retains the rights of ownership and may continue to live on the property and manage it, and there is no requirement to allow access by the public. The easement is recorded as a written legal agreement between the landowner and "holder" of the easement, generally a non-profit organization (see "Land Trusts," below). Property with a conservation easement can be bought, sold, or inherited, but all owners are bound to the terms and restrictions of the easement.
Practical Advantages of Conservation Easements
With proper documentation of the establishment of a conservation easement, it may qualify as a charitable contribution, with a corresponding federal income tax deduction. Property taxes may be substantially reduced — conservation easements on non-agricultural land may reduce taxes to the extent the commercial value of the land is reduced. Estate taxes also may be greatly reduced. To qualify for tax benefits, the easement must (1) be perpetual and apply to all future owners, (2) be granted to a qualified organization, and (3) meet at least one of the "conservation purposes" outlined in the Internal Revenue Code (see box).
Conservation purposes recognized by the IRS Code
Land Trusts
A land trust is a nonprofit organization involved in protecting land for its conservation value. More than 40 land trusts in Texas, with varying conservation objectives and approaches, assist landowners with their long-term conservation goals. These organizations may be willing to purchase land or accept donated properties and easements for conservation purposes, each designed to meet the specific needs of the property owner. Some work in specific geographic areas or concentrate on protecting specific natural or cultural features. Many provide local conservation education and planning assistance.
Texas land trusts currently hold easements, titles, or leases to 559 sites, totaling 1,080,000 acres. Three of the larger that hold easements to properties across the entire state are the Texas Land Conservancy (formerly NAPA, the Natural Areas Preservation Association), the Trust for Public Land, and The Nature Conservancy. Most operate at community and regional levels. Legacy Land Trust currently preserves more than 5000 acres of land in the Houston region. The Guadalupe-Blanco River Trust promotes conservation of resources of the Guadalupe River Watershed. Connemara Conservancy focuses on North Texas preservation and currently protects over 1200 acres of land in Collin, Dallas, Delta, Denton, and Hunt counties. The Native Prairies Association of Texas focuses on native prairies, savannas, and other grasslands in Texas and currently holds over 1200 acres in trust.
1305 San Antonio Street
Austin, TX 78701
(512) 236-0655
The handbook (Conservation Easements: A Guide for Texas Landowners) is an excellent introduction and guide. Read it online, download and print it, or order a free copy from the organization.
Also see The Nature Conservancy, American Land Conservancy, Virginia Dept. of Conservation & Recreation, and Texas Land Conservancy for brief introductions to conservation easements.
"With every passing day, land is becoming more expensive and scarce. I will set up and meet this preservation goal during my term, not just because it's the right thing to do. I will do it because, if I don't, the opportunity to do it will not be there for future governors and future Virginians." - Governor Tim Kaine [Kaine intends to preserve a large area of open space, farms, and forests by the end of the decade, through the use of creative tax incentives and collaboration with environmental groups.]
Part of article for Iridos, Vol 19(1), 2008; Guy Nesom, with appreciation to Robert George for editorial comments
