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Thread: Your Rights Under Attack

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    Featured Member discretedancer's Avatar
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    Default Your Rights Under Attack

    Even if you don't own land, this should upset you. Congress is condsidering a bill that will make it virtually impossible for people to afford land conservation.

    Why does this matter? Private land conservation is the #1 method of preserving open space WITHOUT SPENDING ANY GOVERNMENT MONEY. All some landowners need (because they are often land rich and cash poor) is the tax incentive to do it

    The way it works now is, if a landowner has property and they wish to donate the property or just the development rights (meaning the land cannot become a box store, subdivision, etc, but they still own and can sell/will the land)...the value of the donation (as determined by an appraiser) can become an income tax writeoff.

    In an over-zealous effort to reduce fraud, Congress is considering limiting the deductibility of land donatiosn to 1/3 OF THE VALUE OF THE DONATION - making it impossible for many people to consider conserving their land.

    Please review the facts at http://lta.org/publicpolicy/ppc.htm and get involved! Or PM me for more info

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    Banned Melonie's Avatar
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    Default Re: Your Rights Under Attack

    There are several different 'sides' to the issue of land development. One of particular interest in heavily populated Blue states is that the development rights tax deduction not only hands money to the 'rich' owners of the property at the expense of all taxpayers, but the 'rich' owners of the property actually increase the value of other properties they own adjacent to the donated rights land when they make the donation. The principle is of course that if less and less property is still available where the property owner would actually still retain the right to build something on that land, then this property becomes more valuable. This principle when applied to heavily populated areas is responsible for not only sky high prices for existing properties with development rights close to areas of dense population, but also creates a great deal of road burden and pollution by forcing developers and people with lower incomes to build/buy homes etc. on property with development rights located many many miles away from the city.

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    Featured Member discretedancer's Avatar
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    Default Re: Your Rights Under Attack

    Quote Originally Posted by Melonie
    development rights tax deduction not only hands money to the 'rich' owners of the property at the expense of all taxpayers
    Can't say I agree - having worked with landowners on conservation for several years. First of, most of our land donors who take the deduction aren't rich at all...the richest donor I worked with NEVER TOOK their tax deduction at all.

    How is it "at the expense of all taxpayers" - these people LOSE VALUE ON THEIR LAND when they conserve it - what they do is a gift to the community, preserves open space, protects clean water and air (believe it or not, trees, moss and natural areas are VITAL to creating the water and air we need.

    Quote Originally Posted by Melonie
    but the 'rich' owners of the property actually increase the value of other properties they own adjacent to the donated rights land when they make the donation.
    Interesting, since I don't know of any landowners that have adjacent land....I have no information on this. Seems like a longshot, to CUT IN HALF the value of one property to increase the value of another parcel.

    Clearly, you think preserved land increases the value of a community...

    Quote Originally Posted by Melonie
    This principle when applied to heavily populated areas is responsible for not only sky high prices for existing properties with development rights close to areas of dense population, but also creates a great deal of road burden and pollution by forcing developers and people with lower incomes to build/buy homes etc. on property with development rights located many many miles away from the city.
    Wow. Creative, and again something I've never seen discussed - even at the national conference. Off the top of my head:

    1. heavily populated areas rarely have much land of conservation value to preserve...conservation is VERY hard in those areas

    2. Actually, by preserving land, it typically is "outlying' land, discouraging sprawl because the land isn't available, and developers look more downtown.


    BOTTOM LINE: Conservation of land is about a community's choice, and a landowner's choice. No one thinks development should STOP, but when faced with these 2 choices, which makes more sense to you:

    Placing a development on pristine, effective and historic farmland, home to several unique species, cutting up once open vistas and reducing the ability of that land to filter water and air we all need to use.

    Putting the same development in a previously used, less environmentally sensitive or recovered (such as old coal mine land) parcel.

    Clearly, we think the second option is better....but, if you're the landowner of property #1, and the government eliminates the tax incentives for conservation, you may not have a financial choice but to develop your land. Is it really fair for the government to take that choice away?

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