Two Case Studies
The stories behind these next two land protection projects detail how their quite different land protection goals were met by working with the ASLPT.
Case Study - Richard & Mary Emerson
Old Coach Road & Route 114, Sutton & New London
What did the conservation easement accomplish?
• Protected a spectacular view of Mt. Kearsarge
• Preserved productive farmland
• Provided public trail access
Ensured that 31+ acres will have no more than two houses.
How did the landowner benefit?
Financial support from neighbors and friends enabled the ASLPT to purchase this easement, which helped the Emersons' with growing medical expenses.
Faced with the difficult decision of selling their property, the Emersons' found comfort in knowing:
• The land would be protected from inappropriate uses
• The property would retain its scenic and agricultural values
• Restrictions are permanent and bind all future owners
What were the steps, start to finish?
May, June, July, August 1990
• Evaluated property’s conservation values and Emerson's personal needs
• Obtained property value opinions
• Examined funding alternatives
• Negotiated sales agreement on development rights
• Compiled baseline information September '90
• Landowner secured appraisal
• Put together fundraising plan
• Conservation easement deed prepared October, November '90
• Fundraising effort, visits with potential donors
• Survey work underway
• Legal counsel and financial advisors consulted
• Backup grantee enlisted December '90
• Revised conservation easement deed
• Approval from Sutton Planning Board
• Fundraising completed 12/20 January 1991
• New London Planning Board approved survey
• Survey recorded
• Conservation easement signed and recorded
• First payment to Emersons' March '91
• Collected outstanding pledges April '91
• Final payment to Emersons' Annually…
• The ASLPT monitors property
Case Study - Lincoln Gordon
Lake Sunapee & Route 11, New London
What did the conservation easement protect?
• 700 feet of Lake Sunapee shoreline
• 1,075 feet of Otter Pond shoreline
• 1,075 feet along Route 11
• 35 acres of forest
• Water quality
• Natural, scenic beauty
How did the landowner benefit?
• Assurance about future use of property
• Continuing ownership, use and management of property
• Estate tax reduction; help to diminish potential problems for heirs
• Income tax benefits
• Property assessment at Current Use value
What were the steps, start to finish?
September 1989
• The ASLPT met with Lincoln Gordon
• Property satisfied the ASLPT’s land protection criteria
• Restrictions discussed
• Dr. Gordon consulted with his attorney; the easement was an important factor in his overall estate planning
• The ASLPT compiled baseline information: deed history, photographs, documentation of property’s conservation values, etc.
• Backup grantee enlisted
October '89
• Property surveyed to clearly identify conservation easement area (35 acres) from unrestricted area (5 acres)
• Appraisal work began
• Conservation easement draft reviewed
November '89
• Legal counsel consulted
• Revisions made to the easement
• Survey recorded
• Conservation easement signed and recorded
December '89
• Appraisal report completed
March 1990
• Form 8283 filed with IRS, allowing tax deduction
Annually…
The ASLPT monitors property