MSP has extensive experience in representing landowners, including individuals and companies, in the application of conservation easements onto real property. Legal counsel plays various roles in facilitating the placement of a conservation easement on property. The role of legal counsel can be both broad and limited in scope and depends on who is its client and what services are being rendered. Legal counsel is often used to advise the landowner on the pros and cons of placing the property into a conservation easement. Likewise, attorneys can help guide consultants retained on behalf of the landowner.
The Conservation Easement Practice Group at MSP has wide-ranging capability and experience within the arenas of:
- corporate and partnership law
- covenants and restrictions to land
- local ordinances and land use plans
- mineral rights
- real estate
- securities law
Our firm has been involved with obtaining charitable deductions for a qualified conservation contribution under 26 U.S.C. § 170 for well over 10 years. Since that time, our firm has been involved in the conservation of approximately 10,000 acres of real property throughout the Southeast. For the past several calendar years, our firm has been involved in applying a qualified conservation easement on in excess of fifteen (15) properties per year, many of them through the private placement of units in limited liability companies that own the properties in question. In this capacity, our firm has represented landowners, municipalities as well as consultants and managers of property owners.