Trust staff meets with the landowner to discuss goals and options for preservation.
Trust staff presents the farm to the Land Preservation Committee, who utilizes the Land Evaluation Site Assessment (LESA) to rank the farm on the follow characteristics:
Percentage of high class agricultural soils on the farm
Development pressures, including road frontage, proximity to sewer and water lines,
and proximity to Urban Growth Areas
Size of the farm and number of tillable and/or pastured acres
Proximity to other preserved farmland
The committee makes the recommendation for preservation and a payment offer if requested by the landowner. Payment offers are based on how well a farm ranks under the LESA Evaluation. The Trust has structured the LESA Evaluation to meet the goals of the organization and identify farms that are of high priority for preservation.
The Land Preservation Committee’s recommendation is then brought before the Board of Trustees for approval.
Once the farmer decides to move forward with preservation, Trust staff reviews a conservation easement with the landowner, and tailors the document to meet the goals of preservation. A conservation easement is a legally binding document containing land use restrictions to keep the farm in an agricultural use in perpetuity.
Staff creates a Baseline Documentation Report which is a compilation of information that identifies a farm at the time of preservation. Included are a series of maps, photographs, tax records, natural boundaries and surrounding land use descriptions, and zoning ordinances. The Baseline Report is also utilized during the Trust’s annual monitoring visits and is updated accordingly to reflect any changes on the farm.
A title search and survey are completed for the property, and arrangements are made for subordination agreements if necessary. Subordination agreements are signed by any lending agency that holds a lien or mortgage against the farm. By signing this agreement, the lending agency is stating that they will not contest the easement if the loan is foreclosed.
An appraisal is ordered to determine the value of the conservation easement, which is considered a charitable gift from the landowner to the Trust. The landowner is potentially eligible for a federal income tax deduction under IRS code.
The Trust’s attorney reviews the conservation easement and makes any necessary revisions. The Trust strongly encourages all landowners to seek their own legal counsel to review the easement.
The landowner signs the conservation easement.
The easement is recorded in the Recorder of Deeds Office at the Lancaster County Courthouse and the farm is preserved in perpetuity.
After the appraisal is complete, the Trust will issue each landowner an IRS form that can be used for any federal income tax deductions.
Lancaster Farmland Trust monitors and enforces the easement with all current and future landowners