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Michigan
Environmental Report
Volume 23 . Number 5
October 2005
PURPOSE
Founded in 1980,
MEC is a coalition of 71 environmental, public health, and faith-based
organizations with nearly 200,000 individual members. For 25 years,
MEC has provided a voice at the State Capitol. In addition to
serving as a clearinghouse of environmental information, MEC develops
public policy, educates elected officials and the public, and provides
training and support to member organizations.
The Michigan
Environmental Report is an official publication of the Michigan Environmental
Council. Copyright 2005.
SUBSCRIBE
OFFICERS
Chairperson
Chris Graham,
Michigan Natural Areas Council
Vice
Chair
Vicki Levengood,
National Environmental Trust
Vice Chair
Terry Miller,
Lone Tree Council
Treasurer
Tom Leonard,
West Michigan Environmental Action Council
Secretary
Jeremy Emmi,
Michigan Nature Association
MEC STAFF
President
Lana Pollack
Policy Director
James Clift
Associate Director
Patrick Diehl
Land Programs Director
Brad Garmon
Land Programs Specialist
Ben Stupka
Development Director
Andy Draheim
Development Specialist
Brianna Gerard
Member Services Director
Michele Scarborough
Policy Specialist
David Gard
Asst. Energy Policy Specialist
Dusty Myers
Campaign Coordinator
Roshani Deraniyagle-Dantas
Deputy Policy Director
Kate Madigan
Development Specialist
Brianna Gerard
Policy
Specialist
Kerry Duggan
Outreach Specialist
Elizabeth Fedorchuk
Health Policy Specialist
Tess Karwoski
MER Design & Layout
Rose Homa
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If you care about your land...
Estate and tax planning for landowners
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If
there's one thing Steve Small wants you to know, it's
this: If you care about your land and want to see it
protected, you must plan.
"I'm not telling you how to plan, but I am saying
that you need to do the planning that is right for you,"
said Small. "And then act on it."
Small, widely viewed as the nation's leading authority
on private land protection strategies, was in Southeast
Michigan this fall for a workshop hosted by the Washtenaw
Land Trust. Before going into private practice, Small
was an attorney-advisor for the Internal Revenue Service,
where he wrote the federal income tax regulations pertaining
to conservation agreements.
"Many people think that doing nothing has no consequences,
and that's just wrong," cautioned Small.
Estate planning is no longer just for those with large
sums of money in the bank. Because of rising land prices,
even an average landowner may find that the value of
his or her property has increased to the point that
the estate is subject to estate tax.
"They're not millionaires, but they're millionaires
on paper," Small explained. "The tax laws
didn't change, but the land values did, so now their
heirs may be forced to sell the land to pay the estate
tax."
Small explained how conservation agreements can be a
crucial component for a family that wishes to protect
its family lands. He reminded listeners that a landowner
has many rights: the right to plant or chop down trees,
to construct or tear down structures and more (subject
to regulations).
"So, you have rights on your land," continued
Small, "and you also have the right to give up
some of those rights."
"By donating a conservation agreement to a qualified
organization such as a land trust, you are extinguishing
the development rights on your land." The land
is then protected, intact, forever.
A landowner who donates a voluntary conservation agreement
is generally entitled to estate tax benefits, federal
income tax deductions and property tax reductions. Even
better, good estate planning may avoid the forced sale
of the property to pay estate taxes.
"Asphalt is the last crop," Small noted. "Once
it's paved over, it's gone forever."
The
Washtenaw Land Trust is a private, nonprofit 501(c)(3)
organization that works with landowners to protect natural
areas and working farms throughout Washtenaw, Jackson
and Ingham Counties. To learn more, call (734) 302-LAND
(5263).
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