Another Conservation Easement Thrown Out
A new tax court decision came down the other day throwing out a conservation easement on the grounds that their highest and best use valuation was unrealistic. There are multiple failure points for conservation easements. - Does the property actually exist? - Does the person who is claiming the easement actually own it? - Is the market value impact realistic? This particular case was on that last one. Like everything on the so-called Dirty Dozen list it is generally not that these strategies don't exist or aren't valid. It's usually more a case of bad actors ruining the neighborhood for everyone else.