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House to Vote on Conservation Tax Incentive Next Week

Posted on July 14, 2014 Leave a Comment

Congressional House leadership has scheduled a vote on July 16 or 17 on a bill to permanently enact several charitable tax incentives, including H.R. 2807, the Conservation Easement Incentive Act. The bill will come to the House floor as part of a larger charities package.

This is a unique opportunity for the land trust community. Our provision officially has a bipartisan majority of the House with a total of 222 co-sponsors. But we can’t take anyone’s vote for granted. Benjamin Franklin once said, “In this world nothing can be said to be certain, except death and taxes.” That goes double for a Congressional vote.

Whether or not your congressman or woman was a co-sponsor, please call your representative to urge him or her to support this bill when it comes up for a vote next Wednesday or Thursday, and encourage your land trust supporters and members to call as well. You can reach your representative by calling the House switchboard at 202-225-3121.

Making permanent the enhanced tax deduction for conservation easements has been a priority for the land trust community since 2006. This will be the first time we’ve been able to get a vote on this on the House floor.

Filed Under: Alert/Update, Public Policy Tagged With: conservation easement, legislation

Congress Passes Permanent Conservation Easement Tax Incentive

Posted on December 20, 2015

IMG_4787December 20, 2015

The Pennsylvania Land Trust Association joins the Land Trust Alliance in praising Congress for voting to make permanent a tax incentive supporting land conservation.

In a strong bipartisan action, the House voted 318-109 and the Senate voted 65-33 to pass the bills that included the tax incentive.

Farmers, ranchers, the public and generations of future Americans will directly benefit from the incentive that encourages landowners to place a conservation easement on their land to protect important natural, scenic and historic resources. The Alliance led its more than 1,100 member land trusts and 5 million supporters through a collaborative, multi-year campaign to secure the incentive’s permanency.

First enacted in 2006, the incentive is directly responsible for conserving more than 2 million acres of America’s natural outdoor heritage. Lands placed into conservation easements continue to be farmed, grazed, hunted or used for outdoor recreation and wildlife conservation, and these lands remain on county tax rolls, strengthening local economies.

Congress made the incentive permanent as part of a broad, year-end deal the White House supports. Once signed into law, the incentive will be applied retroactively to start Jan. 1, 2015. An earlier version of the incentive expired Dec. 31, 2014.

“As much as this moment energizes me and all who support land conversation, I know our work is not done,” said Andrew Bowman, who will become president of the Alliance when Wentworth retires Feb. 10. “The Alliance has cultivated in Washington and beyond a nonpartisan enthusiasm for land conservation and will build on that consensus to generate essential and lasting support for conservation.”

The incentive advanced through Congress as part of the America Gives More Act, a package of tax incentives to encourage charitable giving. It passed the House earlier this year, 279-137. A standalone version of the incentive, the Conservation Easement Incentive Act, earned 52 Senate sponsors this year. The agreement announced today also encourages donations to food banks and facilitates charitable deductions from IRAs.

“As we celebrate this landmark moment in land conservation, we are immensely grateful to our many champions in Congress, notably including Pennsylvania Rep. Mike Kelly, who was an original sponsor of this legislation and tirelessly worked with us toward this pivotal day,” Rand Wentworth, LTA’s outgoing Executive Director said. “This vote represents what Rep. Kelly has long recognized: It is in all our best interests to permanently protect important natural, scenic and historic resources for public benefit.”

“This commonsense, bipartisan legislation is about supporting farmers who want to preserve our nation’s most cherished natural resources for future generations,” said Rep. Mike Kelly (PA), lead sponsor of the House bill to make the incentive permanent. “Since 2006, conservation easements have conserved hundreds of thousands of acres of America’s farmland and open space for hunting, fishing, hiking and locally-sourced food production.”

Filed Under: Alert/Update, Public Policy Tagged With: conservation easement, legislation

Federal Conservation Easement Tax Incentive Helps Owners Conserve Land for the Public Benefit

Posted on December 15, 2015

Below is a PALTA opinion piece published in Pennsylvania media outlets in December 2015:

Helping Owners Conserve Land for the Public Benefit
by Andrew M. Loza, executive director of the Pennsylvania Land Trust Association

Farms and forests, natural areas, green spaces in our neighborhoods—all help define the places that we think of as home. These lands don’t just provide scenic beauty; they safeguard drinking water, reduce flooding, provide food and timber, protect wildlife and more.

They are also endangered. Between 1992 and 2005, urban land in Pennsylvania increased 131.4 percent—more than in all the previous millennia of human habitation. While the Great Recession brought the feverish pace of development down, lands crucial to our environmental, social and economic well being continue to be consumed for new development every day. Once these lands are gone, they are gone.

That’s why it’s more important than ever that we protect our most important unprotected green spaces. Land trusts do this by working in cooperation with landowners to implement a creative form of conservation that keeps lands open, natural and available for farming, forestry or other uses that involve minimal development — while also keeping them in the hands of private owners. A willing landowner may donate a conservation easement to a land trust. This conservation easement restricts development of the land in support of a stated conservation purpose. The generous landowner can use the donation to receive a modest tax deduction against her federal taxes.

This approach has seen tremendous success; Pennsylvania land trusts now hold conservation easements on 250,000 acres of irreplaceable green space—an area much larger than Delaware and Philadelphia Counties combined—thanks to the generosity of people and a small tax incentive.

Unfortunately, Congress allowed a 2006 law to expire that made sure that the tax incentive could be used by families with modest incomes, leaving in limbo landowners who want to conserve their lands.

The clock is ticking for our Senators to take urgent action to restore this vital conservation tool and make it permanent. Politicians from across the political spectrum support such action — the U.S. House voted to do so with overwhelming bipartisan support. U.S. Senator Casey has supported the legislation. For our sake and for future generations, we ask him to strongly advocate in the Senate for its passage. We ask Senator Toomey, who has not joined this bipartisan effort, to join his fellow Senators in making this crucial conservation tool permanent.

Filed Under: Advocacy Tagged With: conservation easement, public land

Rep(s) Gerlach and Thompson Introduce Conservation Easement Incentive Act

Posted on August 8, 2013 Leave a Comment

Representatives Jim Gerlach (R-PA) and Mike Thompson (D-CA) have officially introduced the Conservation Easement Incentive Act now known as H.R. 2807! The two Congressmen held a press conference in front of the Capitol Building to underline the success of this incentive. Organized by the Alliance, the conference also included representatives from Maryland Environmental Trust, Eastern Shore Land Conservancy, National Association of Conservation Districts, Ducks Unlimited, The Nature Conservancy and other Conservation Easement Tax Incentive Coalition partners. Check out more photos and press clips from the event below.

Congratulations to the Pennsylvania land trusts that celebrated the introduction of the bill by hosting Rep. Gerlach at the Marshlands farm in East Nantmeal Township. Brandywine Conservancy, French and Pickering Creeks Conservation Trust, Lebanon Valley Conservancy and other groups spoke about the importance of the easement incentive, and later served fresh peach ice cream from conserved lands in the area.

This event is a great reminder that August is the perfect time to host a Member of Congress for a visit to a protected property or project or just to meet with them and thank them for being a co-sponsor. Members use the whole month to tour their districts and meet with constituents – like you. Put conservation on their agenda!

Filed Under: Public Policy Tagged With: conservation easement

General Assembly Makes Agricultural Conservation Easement Inspections Biennial

Posted on June 21, 2013 Leave a Comment

House Bill 84 amends the Agricultural Area Security Law (Act 43 of 1981) and abrogates regulations in order to reduce easement monitoring requirements for county agricultural land preservation boards. County boards will now be required to inspect eased properties at least every two years, rather than the prior annual requirement. The bill also changes some of rules pertaining to inspections.

The House passed the bill 194-0 on 1/22/2013 and the Senate passed the bill 50-0 on 6/17/2013.

(In comparison with these state program requirements, Land Trust Standards and Practices, published by the Land Trust Alliance, require a land trust to monitor “its easement properties regularly, at least annually, in a manner appropriate to the size and restrictions of each property”)

Filed Under: Public Policy Tagged With: agriculture, conservation easement, farmland, legislation

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Land Trusts, Trail Groups, Local Governments, and Other Landowners Get New Liability Protection

October 25, 2018

On October 24, 2018, Governor Wolf signed Act 98 into law. Act 98 amends the Pennsylvania Recreation Use of Land and Water Act (RULWA) to better protect from liability those who open their properties to the public for recreation without charge. Improvements to the law include: Explicitly listing paths, paved and unpaved trails, fishing and […]

Governor Signs HB 2468

June 25, 2018

Governor Wolf quietly signed HB 2468 (and several other bills) into law on Sunday, June 24. The bill is now Act 45 of 2018. A correction to the previous PALTA communication: Act 45 should apply retroactively to McCormick Farm, so, hopefully, the Cumberland Valley School District will cease its pursuit of the farm. The district […]

HB 2468 Is on Governor’s Desk

June 25, 2018

Friday evening, after the Senate passed HB 2468 (37-12), the House voted to concur (177-15) with the Senate’s changes to the bill. The governor is expected to sign the bill. This is a thrilling victory for conservation! This landmark, bipartisan legislation provides a crucial safeguard for conservation easements from the unnecessary exercise of eminent domain […]

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