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To: jonefab
I am not sure the writer really understood this issue. The property seller gets to deduct some capital gains due to covenant restrictions of his choosing - but the buyer is rarely the nature conservatory or a like group.

We have some farm land and investigated this when we considered selling it. For example, I can add a covenant restriction of "no clear cutting" and receive a tax advantage of some amount. But the buyer is someone else - like a developer, another farmer, a forester (who can still select cut), etc.

The land trust people do not have the money to buy the land, they just enforce whatever covenants are made. Any covenant is between buyer and seller - just like exists today on other restrictions.

For example of how this works now - The local power company has an easement across our land. Any buyer has to decide if they want to buy property with that easement - or restriction if you will. It is up to the power company to enforce that easement. With a covenant restriction of "no clear cutting", or "no development within 25 feet of river",the land trust people would enforce the covenant.

3 posted on 08/07/2003 9:53:05 AM PDT by NorthGA
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To: NorthGA
I've seen this legislation and what you are talking about is not what is in the legislation. And the Nature Conservancy is a multi billion dollar organization. They do have the money to buy land.
5 posted on 08/07/2003 11:05:43 PM PDT by farmfriend ( Isaiah 55:10,11)
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