A charitable contribution deduction will be permitted if an open space or scenic easement
is granted in perpetuity.
To further an environmental commitment, she placed a portion of this property under a protective 'scenic easement
A popular form of conservation easement is the open space or scenic easement
, where the landowner agrees to set the land aside to preserve natural, scenic, historic, scientific and recreational areas for public enjoyment.
The contribution deduction passed through by the S corporation to the shareholders for the gift to the charitable organizations was measured by the property's fair market value (FMV), as burdened by the scenic easement
. No mention was made of any stock basis limitation, or reduction of the shareholder's stock basis for the passthrough of the charitable contribution deduction.
If the owner donates a scenic easement
on the property but retains the right to divide the property into 10 acre parcels and build one house on each parcel, no contribution deduction will be allowed because any building on the property would destroy the scenic view from the park.
In another example, Wisconsin's Great River Road scenic easement
program required landowners to apply for variances to modify easement terms.
, as the owner was not a party or successor to the
Protection of the Mississippi River corridor was required by "appropriate route selection, effective control and development, and scenic easement
Thompson has written several articles related to rural appraising and won The Appraisal Journal's 1986 Manuscript Competition with his article, "Busterback Ranch: Valuing Water Rights in A Scenic Easement
Area." He has held an number of positions in connection with the Appraisal Institute including president of Chapter 55, board member for the Northwest Region, and committee member of the National Appraisal Review Board.
Sixty acres of this second sale were donated to a qualified organization for a scenic easement
prior to the sale of the entire parcel.
That is, when the land possesses scenic or natural beauty, a charitable deduction of a scenic easement
in the property under Internal Revenue Code (IRC) Section 170 is possible.