Ohio agriculture easement program

It provides landowners the opportunity to donate the easement rights on viable farmland to the Ohio Department of Agriculture ODA. The department assures the land remains in agricultural use forever. The standard cost for services needed to secure the easement i. All easement transactions are permanent. They are recorded on the property deed, and will transfer with the land to successive owners.

An agricultural easement is a voluntary and legally-binding restriction placed on a farm. The easement limits the use of the land to predominantly agricultural activity. The farmland can be sold or passed along as a gift to others at any time, but the restriction prohibiting non-agricultural development stays with the land. Other advantages to protecting viable farmland include environmental benefits, contributions to the food supply, enhancements to quality of life, and gains for local communities.

Financial benefits such as tax deductions and federal tax advantages may also be available with easements. A perpetual agricultural easement is an IRS tax-deductible, charitable gift. ODA encourages every landowner to seek advice from an accountant, tax attorney, or other financial professional regarding any tax benefits or consequences that might result from a gift of a perpetual agricultural easement to ODA. Donated easements are evaluated on a case-by-case basis.

There are certain legal requirements that must be met in order for land to be placed in an agricultural easement. The landowner who donated the easement remains the owner of the land.

The privately owned land can be bought and sold at any time. Through the wetland reserve enrollment options, NRCS may enroll eligible land through:. Permanent Easements — Permanent easements are conservation easements in perpetuity.

NRCS pays percent of the easement value for the purchase of the easement. Additionally, NRCS pays between 75 to percent of the restoration costs.

Under year easements, NRCS pays 50 to 75 percent of the easement value for the purchase of the easement. Additionally, NRCS pays between 50 to 75 percent of the restoration costs.

Term Easements - Term easements are easements that are for the maximum duration allowed under applicable State laws. NRCS pays 50 to 75 percent of the easement value for the purchase of the term easement. For wetland reserve easements, NRCS pays all costs associated with recording the easement in the local land records office, including recording fees, charges for abstracts, survey and appraisal fees, and title insurance. Land eligible for agricultural easements includes cropland, rangeland, grassland, pastureland and nonindustrial private forest land.

NRCS will prioritize applications that protect agricultural uses and related conservation values of the land and those that maximize the protection of contiguous acres devoted to agricultural use. To enroll land through agricultural land easements, NRCS enters into cooperative agreements with eligible partners. Each easement is required to have an agricultural land easement plan that promotes the long-term viability of the land.

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