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land sales with conservation easements-Wi

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SPSDOT

Freshman Member
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Jul 20, 2007
Professional Status
Certified Residential Appraiser
State
Wisconsin
I am looking for sources of land sales that have conservation easements in Wisconsin.

Are there any particular sources of data that would help in my search. I am looking specifically in southeast Wisconsin and the Oconomowoc area. At this point I am looking for general sources of data.

Ron Borree
 
I've got tons of them. It's usually a favorable feature (when HBU is large lot residential uses) because it keeps property taxes low yet does not really much, if any, effect on development because the base zoning is usually more restrictive than the terms of the conservation easement.
 
How does it keep taxes low in the situation you cite? If zoning is more restrictive than the language in the easement and the value stays the same wouldn't the taxes stay the same?
 
Contact the NRCS

The NRCS (Natural Resources Conservation Service of the Dept. of Ag) maintains an office in every State.
Each NRCS office maintains a database of land sales.....eased and uneased.
They should be able to help you
 
Question for Greg:

I've got tons of them. It's usually a favorable feature (when HBU is large lot residential uses) because it keeps property taxes low yet does not really much, if any, effect on development because the base zoning is usually more restrictive than the terms of the conservation easement.

Greg:

If the "base zoning" is more restrictive than the conservation easement, what is the point of putting an easement on the property?

An easement is a property right conferred to another. If the property right doesn't exist (i.e. the right to develop) then what is being conveyed to the easement holder?

Do your "tons" of easement sales sell at a discount, premium, or for no-change in value?
 
Conservation easements do not necessarily mean lower taxes in WI. Different assessors handle them differently, which is something that comes as a surprise to some who agree to sell them.

SPSDOT - I sent you a PM with some more info.

Good luck,

Michael
 
Zoning may allow for the site developed, zoning can also be changed in time. Conservation easements run into perpetuity and typically limit any devlopment
 
Keep in mind I work in California which has Proposition 13. The property tax is based on the amount of a market sale. Some of these large tracts (you need a minimum of 100 acres to enroll in the California Conservation Act aka Williamson Act or enroll with contiguous properties which combine to more than 100 acres) will sell for a million dollars or if they have a decent house and some accessory building up to two million dollors. The assessor will consider the sales price to be the market value. That means the property taxes should be anywhere from $11,000 to more than $20,000 per year. But if they're enrolled in the Williamson Act or perhaps have Timber Preserve status the taxes will only be a few hundred dollars per year.

The terms of each contract vary but are almost always a 10 year rolling contract which automatically renews each year unless you apply to cancel it... but you have to wait out the rest of the time unless you want to pay a huge amount of taxes at the regular rate.

Almost all of these properties lie in zoning districts which have minimum lot size of 40 to 160 acres and will not allow subdivision or intensive development. One dwelling unit and one accessory dwelling unit, barns, outbuildings, etc. The terms of the Williamson Act have similar restrictions.

Sooooo... By enrolling in these conservation contracts you agree not to develop the property beyond the limitations imposed but you couldn't develop it any more than that anyway because the base zoning prohibits intensive development or lot splitting.

It's free money.
 
Keep in mind I work in California which has Proposition 13. The property tax is based on the amount of a market sale. Some of these large tracts (you need a minimum of 100 acres to enroll in the California Conservation Act aka Williamson Act or enroll with contiguous properties which combine to more than 100 acres) will sell for a million dollars or if they have a decent house and some accessory building up to two million dollors. The assessor will consider the sales price to be the market value. That means the property taxes should be anywhere from $11,000 to more than $20,000 per year. But if they're enrolled in the Williamson Act or perhaps have Timber Preserve status the taxes will only be a few hundred dollars per year.

The terms of each contract vary but are almost always a 10 year rolling contract which automatically renews each year unless you apply to cancel it... but you have to wait out the rest of the time unless you want to pay a huge amount of taxes at the regular rate.

Almost all of these properties lie in zoning districts which have minimum lot size of 40 to 160 acres and will not allow subdivision or intensive development. One dwelling unit and one accessory dwelling unit, barns, outbuildings, etc. The terms of the Williamson Act have similar restrictions.

Sooooo... By enrolling in these conservation contracts you agree not to develop the property beyond the limitations imposed but you couldn't develop it any more than that anyway because the base zoning prohibits intensive development or lot splitting.

It's free money.

What you are describing is different from what the OP was asking about, I believe. You are describing state tax programs, not the typical conservation easement as most would understand it, which runs in perpetuity. This can be confusing if the terminology isn't correct.

We have tax programs in WI that are similar to what you describe, although our basis for property tax is different from CA. Of course, everyone's is different from CA.
 
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