#conservationeasement

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Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

Ohio Court Upholds Conservation Easement Agreement that Prohibited Partition

Admin

May 23, 2018
3 min

Ohio Court Upholds Conservation Easement Agreement that Prohibited Partition

By Kelly Nuckolls This is not a substitute for legal or financial advice. See here for the site’s reposting policy. A conservation easement is one tool farm families can use to prevent development on their land. For some, a conservation easement provides a peace of mind that the farmland will never be developed into a residential, industrial, or commercial area because some conservation easement agreements, like the Maryland Agricultural Land Preservation Foundation’s easeme

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U.S. Tax Court Denies Farmers’ 100% Charitable Deduction for Conservation Easement

Sarah Everhart

Aug 16, 2017
3 min

U.S. Tax Court Denies Farmers’ 100% Charitable Deduction for Conservation Easement

By Sarah Everhart The article is not a substitute for legal advice. See here for the site’s reposting policy. The U.S. Tax Court’s decision of August 7, 2017, Rutkoske, et al. v. Commissioner of Internal Revenue, 149 T.C. No. 6 (2017), is one that all farmers considering selling a conservation easement need to understand. The decision involved a farming family who were members of a limited liability company (LLC) established to own farmland. In 2009, the farm family sold a

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Sarah Everhart

Jul 6, 2017
6 min

Conservation Easement Considerations

By Sarah Everhart At this year’s Maryland State Bar Association Conference the Agriculture Law Section of the Bar co-hosted a panel discussion with the Environment and Energy Section pertaining to legal considerations for conservation easements. One of the panelists was Nancy Russell-Forrester, Esq. Nancy represents the Maryland Agricultural Land Preservation Foundation (MALPF) program and she put together the following checklist for attorneys advising clients considering a c

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Preserved Property Owner Does Not Have Standing to Challenge Approved Use by Neighboring Preserved

Paul Goeringer

Feb 7, 2017
4 min

Preserved Property Owner Does Not Have Standing to Challenge Approved Use by Neighboring Preserved

This post is not legal advice. See here for the site’s reposting policy. I have written a few times on how the legal idea of standing can impact your ability to bring a lawsuit. In many cases, standing can require showing an injury-in-fact, causation relationship between the injury and the action of the defendant, and likelihood that the injury can actually be solved by a favorable decision. In some cases, the legislature may limit who may have standing even further. With

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Understanding How the Maryland Ag Land Preservation Foundation’s New Regulations for Solar Energy

Paul Goeringer

Nov 9, 2016
3 min

Understanding How the Maryland Ag Land Preservation Foundation’s New Regulations for Solar Energy

This post is not legal advice Earlier this year, Ashley and I posted about issues for landowners to consider before signing a solar energy lease. One such issue to consider was whether solar power development is allowed if the land was in a land preservation program. In many cases, the terms of the easement preserving the farmland may not authorize commercial solar power development. The Maryland Agricultural Land Preservation Foundation (MALPF) over the summer announced f

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Oct 14, 2016
3 min

Weekly News Roundup: October 14th Edition

By Mayhah Suri Missouri’s Right-to-Farm Constitutional Amendment Doesn’t Protect Pot Growers A Missouri trial judge has ruled that the constitutional amendment Right-to-Farm does not give a person a right to grow pot in his/her home. According to the judge, pot was not a common crop planted for cultivation and harvest in the state. The defendants plan to appeal. This is the 3rd time a trial court has ruled that Missouri’s amendment does not protect the right to grow mariju

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Issues With a Maryland Taxpayer’s Qualified Appraisal: When Conservation Easements Go Wrong