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.
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Neal McSpadden
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Another Conservation Easement Thrown Out
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