Donate Land For Conservation In Georgia
Description
Form popularity
FAQ
A conservation easement must last forever, or as the Internal Revenue Code states, a restriction for a conservation purpose must be in perpetuity. However, forever is a long time and many things can change, such as the nature of the property, character of surrounding properties, and the desires of different landowners.
The Georgia Conservation Tax Credit is a financial incentive for landowners to help protect Georgia's natural resources.
Conservation land in Georgia is protected to preserve its natural state and biodiversity. These areas may include forests, wetlands, and wildlife habitats. Building on conservation land requires special permits and adherence to strict guidelines to minimize environmental impact.
All landowners who qualify for Conservation Use Valuation are entitled to have their land valued ing to its current use (agriculture, forestry, or environmentally sensitive) instead of the Fair Market Value for ad valorem taxation. This can reap large tax benefits.
Conservation use property is assessed at 40% of current use value which gives a reduced assessment to the owner of this type property when compared to other property assessed at 40% of fair market value.
The property must be maintained in a qualifying use for a period of ten years. Owners of agricultural and/or timber land that qualify for conservation use should file application for current use assessment with the county board of tax assessors on or before the last day for filing ad valorem tax returns in the county.
An easement of way acquired by a grant, will not be lost by a nonuse for any length of time, unless there is a clear and unequivocal evidence of an intention to abandon it. Gilbert v. Reynolds, 233 Ga. 488, 212 S.E.2d 332 (1975).
In 1992 the Georgia legislature passed the Uniform conservation Easement Act, which authorizes and promotes the use of conservation easements in Georgia.
The owner of a conservation use or residential transitional property must enter into a 10 year covenant. This covenant is a sworn agreement that the property owner will maintain the current use of the property for 10 years from January 1 of the year the property is entered into the covenant.
Georgia law allows a party to obtain a private way, also known as an easement, over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years of uninterrupted use through improved lands.