Use this button to switch between dark and light mode.

Give a Hoot! Learn About Conservation Easements

March 26, 2024 (3 min read)

A conservation easement is a legal agreement between a landowner and an eligible entity that imposes restrictions and/or affirmative obligations on the landowner's property to retain or protect natural or historic resources for the public good. Like a traditional common law easement, a conservation easement is a grant of less than the landowner's entire interest in the property and its terms are binding upon the successors and assigns of the original parties. Typically, donations of partial interests in real property are not tax-deductible, but the donation of a conservation easement is one of the narrow exceptions to this rule.

Read now »

Related Content

  • Conservation Easements, Donor Advised Funds, and Sponsoring Organizations: Governing Principles
    Learn more about the donative intent requirement to qualify a bona fide conservation easement for federal tax purposes. Sincere generosity, coupled with an absence of self-interested motives, should help to minimize focus on a perceived reward or benefit inuring to the donor. A host of factors can indicate motives that may not align with, or may even contradict, a conservation easement donation's ostensible charitable foundation. 

Practical Guidance Updates 

Featuring the latest updates from your Practical Guidance account.   

  •  Tax Key Legal Developments Tracker (Federal)—keep up to date with key legal developments!
    • Business Entities. Treasury and the IRS issue final regulations concerning the election under the Inflation Reduction Act of 2022 to treat the amount of certain tax credits as a payment of federal income tax. T.D. 9988, 89 Fed. Reg. 17546 (March 11, 2024).
    • Practice, Procedure, and Controversy. Treasury Department and the IRS invite the public to submit recommendations for items to be included on the 2024-2025 Priority Guidance Plan. I.R.S. Notice 2024-28.
    • Tax-Exempt Organizations. IRS announces revocation of certain R.C. § 501(c)(3)Organizations for failure to meet the code section requirements. Contributions made to those organizations by individual donors are no longer deductible under I.R.C. § 170(b)(1)(A). Announcement 2024-12.

DID YOU KNOW? Trying to address misrepresentations by companies advertising to taxpayers that their food plans are “tax deductible,” the IRS released FAQs on medical expenses related to nutrition, wellness, and general health to determine whether a food or wellness expense is a reimbursable (by a health FSA or an HSA) medical expense.

  • Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts
  • For related Practical Guidance content on important recent trends, please review these easy-to-use Resource Kits on a variety of emerging topics:
  • Explore the Practical Guidance Journal Spring 2024 Edition, featuring guidance on protecting attorney-client privilege and work product in a generative AI world, using AI to manage the attorney client relationship, an overview of privacy regulations in the United States, and a primer on the new Corporate Transparency Act requirements.
  • Learn about the 2000+ leading attorney authors contributing to our 26 practice areas in the Practical Guidance Author Center. Interested in becoming a Practical Guidance author? Click here for details. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.  
  • Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content. 
  • Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on innovative issues in the law: NFTs, Artificial Intelligence, and more.


Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

Experience Lexis+