Open Lands Board

What is a conservation easement?

A conservation easement is a legally binding agreement entered into voluntarily and mutually between a landowner and Utah Open Lands, protecting the land from some or all future development in perpetuity. Utah law provides landowners with a choice of easements coinciding with the conservation resources needing protection on the property. Conservation easements include: agricultural, historical, ecological, public recreational, or scenic. A conservation easement may protect one or all of the values mentioned above. A conservation easement may be purchased by a conservation organization at its full fair market value, purchased at a fraction of its fair market value, or donated by the landowner to a qualifying conservation organization. Landowners retain their landowning rights and many others, including the right to use and sell the land. The easement will only retain the rights necessary to protect certain conservation values while potentially providing the landowners with tax incentives.

Will the County or another entity condemn my land?

Preserving open lands is always based on a willing seller who enters into a conservation easement transaction willingly without the threat of eminent domain.

Do I still own the land?

Yes. The property owner is not selling the land but selling or donating certain rights associated with the property. Depending on the easement, there will be different rights that the landowner will agree to give up—often being the right to develop. The easement holder, either a private organization or a public agency, will hold the right to enforce the agreed-upon regulations.

Will my land now be open to the public?

Every easement is unique. It is up to the landowner and what they agree upon and what is deemed appropriate. Some easements will allow for public access, but others will not. Generally, public access is not necessary if the land is conserved for agricultural purposes. The entity entrusted with the conservation easement will maintain annual monitoring of the land to ensure the terms of the conservation easement remain intact.

Can I sell my land?

Yes. However, the conservation easement is intended for conservation in perpetuity, meaning that the agreed upon easement will continue in effect on the property if the property is sold.

What happens if I stop farming?

Depending on the easement, agriculture is a conservation value often maintained through an easement. If agriculture is one of the conservation values essential to the easement, the trust, through annual visits, must ensure that the values are being upheld.

Why should a farmer keep his land?

Protection of private land is essential in protecting properties with conservation values. Stewardship of the land and protection from development are essential in preserving the land we love. Lower maintenance costs can be associated with easements, and ownership rights remain in place for the landowner. There can be no pressure from external entities to develop the land. The landowner can maintain agricultural traditions, benefit from tax incentives, and provide an open land legacy beyond a lifetime.