Jennings explains conservation easements ‘in perpetuity’

DUANE CROSS
MCO Publisher•Editor

At Tuesday night’s Planning and Zoning Commission meeting, a Moore County landowner explained how conservation easements work and why he believes they are one of the strongest ways landowners can protect their property rights.

Todd Jennings, whose family owns over 180 acres near the intersection of Highways 82 and 55, told commissioners that his family has permanently protected their farm with a conservation easement through the Land Trust for Tennessee. He said the easement ensures the land will stay agricultural “in perpetuity, forever and ever.”

“I love that word,” Jennings said. “In perpetuity, that property will always be agricultural. That’s written into the deed, and that’s a decision our family made voluntarily.”

What a Conservation Easement Does

Jennings explained that conservation easements are voluntary legal agreements between landowners and a land trust. These agreements permanently limit certain types of development to protect things like farmland, historic sites, natural habitats, scenic views, or recreational land.

Importantly, he said, easements do not transfer ownership.

“You have not given your land to the government,” Jennings said. “You still own it. You can farm it, keep it private, sell it, give it to your children – whatever you want. There are just agreed-upon restrictions on what can be done with it.”

For his family’s property, these restrictions mean the land will stay agricultural. The easement also shows where future homes could be built, giving heirs some flexibility but stopping large subdivisions. Agricultural buildings like barns are allowed, and Jennings said his family recently built a new hay barn without any issues.

Costs – and New State Help on the Way

Jennings said that putting land under a conservation easement is not free. The process requires surveys, title searches, legal work, and special appraisals done by a small number of qualified firms in Tennessee.

However, he said new state legislation creating a farmland conservation program should help cover some of those costs. Jennings said the program is expected to start later this year, though the rules are still being worked out.

“The state would have the ability to give landowners some money to help cover those upfront costs,” he said. “That makes this more accessible.”

A Private-Property Argument

Jennings framed conservation easements as an affirmation – not a limitation – of private property rights.

“The landowner is deciding, voluntarily, what the future of their property will be,” he said. “People say, ‘You’re making a decision for your children and grandchildren.’ Well, we do that every time we subdivide land, too. Planting a tree is the same idea – you’re doing it for the next generation.”

He also said easements could take some pressure off local governments by removing certain land-use decisions from future debates, such as proposals for industrial facilities, energy projects, or large developments.

“If a private landowner makes that decision for themselves, that takes the burden off this board,” he said.

Moore County on the Radar

Jennings said Moore County already has properties protected through conservation easements and is well known among land trusts statewide.

Since its founding in 1999, the Land Trust for Tennessee has completed over 460 conservation projects covering 137,000 acres in 76 counties, protecting land from large farms to small residential lots.

Jennings pointed out that Williamson County, which has some of the state’s highest land values, also has the most easements. “That tells you something about land value,” he said.

He pointed to nearby home sales along Highway 82, saying real estate listings now regularly feature photos of his family’s protected farmland as a selling point.

“Buyers know it won’t be developed,” Jennings said. “That stability increases neighboring property values.”

Tax and Estate Planning Benefits

Jennings also outlined potential tax advantages, stressing that landowners should consult their own tax professionals.

When development rights are removed, a property’s appraised value may go down. This reduction can count as a charitable donation to the nonprofit land trust and be deducted over time. Full-time farmers can deduct up to 100 percent of their adjusted gross income for several years, while part-time farmers can deduct up to 50 percent, following IRS rules.

“It’s not the only reason people do this,” Jennings said, “but for a lot of folks, that’s what makes it workable.”

He added that easements can also be incorporated into estate planning and even enacted through a will.

Permanent by Design

When asked whether heirs can undo a conservation easement, Jennings was clear.

“No,” he said. “Once it’s done, it’s done – in perpetuity.”

The land trust checks each year to make sure the rules are followed, usually with short visits from trained volunteers. Jennings said violations are rare, but the agreements are legally enforceable.

As he finished, Jennings urged both commissioners and landowners to see conservation easements as a local way to help preserve Moore County’s rural character.

“They recognize what we have here,” he said. “And they also recognize how fragile it is.”