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Enact Land Conservation Incentives Act (S.480/H.799- Sen. Brewer/Rep. Kulik)
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Why? More
than 40 acres of land are permanently lost to development every day in Massachusetts. These vulnerable natural areas support
a thriving tourism industry, provide habitat for wildlife, safeguard fragile water supplies, and most importantly, preserve
quality of life in our communities. It is time to give landowners incentives to tip the balance in favor of preserving our
land.
How? To protect these invaluable resources, we support an
income tax credit for landowners who donate land for conservation. This tax incentive has proven highly effective in 13 other
states, and now the Commonwealth has a chance to develop such a tool. Under the Land Conservation Incentives Act:
- Landowners receive income tax credit for permanent gift of land for conservation
- State
income tax credit is valued at 50% of the appraised fair market value of the land; credit is limited to $50,000
- Credit may be carried forward for 10 consecutive years
- State must certify eligible
lands as ecologically valuable and in the public interest
- Gifts may include a fee interest
or less than fee interest in the land
- Gifts of land must be permanent
- Credit cannot exceed the donor's annual state income tax liability
- Can include
working lands such as forestry and farms
Advantages
This approach offers the extra push needed to convince land owners who cannot afford to conserve this land. Out of
pocket expenses required to make land donations (such as attorney fees and appraisal costs) are particularly difficult for
those who are cash poor but land rich. In addition, this system shifts the power back into the hands of the land owners and
away from the developers. Please join us in expanding incentives to include the conservation of private lands and protect
them from being lost forever to poorly planned development.
Status In
early 2008 the Revenue Committee released the bill to House Ways and Means where it sits right now.
Contact Steve
Long, The Nature Conservancy, 617.227.7017 ext. 313
Back to 2007-2008 Priorities
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P.O. Box 103, Boston, MA 02133 617-742-8822
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