Fee Simple Purchase
This is a standard real estate transaction in which the county purchases a property or portion of a property for conservation. In most cases the purchase of land assumes that the public will have access to this property for recreation purposes.
Conservation Easements
A conservation easement is a voluntary legal agreement between a landowner and a land trust that restricts the type and amount of development that may take place on a property in the future.
Conservation easements help preserve our natural beauty and resources by limiting residential, industrial, or commercial development. These conservation easements help protect rivers and streams, aquifers and springs, farms and ranches, scenic vistas, wildlife habitats and historical sites.
Conservation easement contracts are custom tailored with a land trust to fulfill the conservation intentions of the landowner. They may prohibit subdivision of a property, prevent alteration of natural topography, stop conversion of native grassland to cropland, conserve cropland for agriculture use and protect it from development, limit the amount of impervious cover, prevent the installation of new roads and much more. The landowner can also reserve specific locations for buildings in the future, such as a barn or a home site for a family member.
Land with a conservation easement remains in private ownership and can be conveyed or sold. The conservation easement is a perpetual, legally binding document that “runs with the land,” ensuring that the easement is maintained in perpetuity. The conservation easement is monitored annually by the land trust that holds the easement to ensure that the deed restrictions are upheld.
At least two and potentially three kinds of tax benefits may be associated with a conservation easement: income tax deductions, reduced estate taxes, and occasionally lower real estate taxes.
Land Donation
Kendall County welcomes donations of land to serve as parks or open space, whether that land is donated now or via a life estate. County funds may be used to cover legal and other diligence costs associated with a donation of land.
Criteria for Conservation Projects
Projects are scored based upon a spectrum of conservation values, cost/benefit analysis, and potential for public access. See the Criteria Worksheet below.