Protection Options
Are you interested in having your land protected forever? Find out how The Kensington Conservancy can help!
Why a Land Trust?Many land owners have protected their corners of the world for many years, maybe even generations, but still worry about the future. Land trusts such as TKC are non-profit organizations that have the tools to protect your land on your behalf and ensure it stays natural forever.
TKC's mission is to protect land within the St. Joseph Channel area of the St. Marys River. However, TKC will consider protecting properties outside of our focus area as well or can help you find alternative solutions to meet your land protection goals. To protect your land, you can donate it to TKC, have TKC purchase it from you, or you can enter a conservation easement agreement with TKC. Details about all three options can be found below: |
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Donating Land
If you are interested in leaving a last legacy for local land conservation and ensure your land remains protected forever, you can choose to donate your land to TKC. Any land donated directly to TKC will be eligible for a Canadian charitable tax receipt based on its appraised value. Donating through the Ecological Gifts Program can provide increased tax benefits and donating through American Friends of Canadian Conservation can provide US tax benefits.
Ecological Gifts Program
The Government of Canada's Ecological Gifts Program can provide significant Canadian tax benefits for donating ecologically-sensitive land to TKC. These benefits include the elimination of any taxable capital gains and a carry-forward period of ten years to claim the donation on your taxes. This program has helped protect thousands of hectares of land across Canada.
For detailed information about the Ecological Gifts Program, please read The Canadian Ecological Gifts Program Handbook.
The Government of Canada's Ecological Gifts Program can provide significant Canadian tax benefits for donating ecologically-sensitive land to TKC. These benefits include the elimination of any taxable capital gains and a carry-forward period of ten years to claim the donation on your taxes. This program has helped protect thousands of hectares of land across Canada.
For detailed information about the Ecological Gifts Program, please read The Canadian Ecological Gifts Program Handbook.
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American Friends of Canadian Conservation
Working as a US land trust that has adopted the Standards and Practices of both the Land Trust Alliance of the US and Canada, American Friends of Canadian Conservation accepts donations of qualified conservation lands in ecologically important land in Canada from US taxpayers. This process is required in order to obtain a US charitable tax receipt for your donation. American Friends’ transactions always involve a Canadian partner organization. TKC is a Canadian Partner of American Friends of Canadian Conservation. For more information about American Friends of Canadian Conservation, please visit their website here. |
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Donating a Remainder Interest in Land
An outright donation is not the only way to give land. You can continue to live on the land or use it by donating a remainder interest and retaining a reserved life estate. In this arrangement, you donate the land during your lifetime, but continue to live on and use the land. When you pass away (or sooner if you choose), the land trust gains full title and control over the land. By donating a remainder interest, you can continue to enjoy your land and you may be eligible for a charitable deduction at the time when the interest is conveyed.
An outright donation is not the only way to give land. You can continue to live on the land or use it by donating a remainder interest and retaining a reserved life estate. In this arrangement, you donate the land during your lifetime, but continue to live on and use the land. When you pass away (or sooner if you choose), the land trust gains full title and control over the land. By donating a remainder interest, you can continue to enjoy your land and you may be eligible for a charitable deduction at the time when the interest is conveyed.
Donating Land by Will
If you want to own and control your land during your lifetime and then have it protected upon your passing, you can leave it in your will to TKC as a legacy gift. TKC encourages anyone interested in doing this to contact us to discuss your land to ensure it fits within our mission and that TKC will have the capacity to care for it. Learn more about how to leave a legacy gift on our Legacy Circle page.
If you want to own and control your land during your lifetime and then have it protected upon your passing, you can leave it in your will to TKC as a legacy gift. TKC encourages anyone interested in doing this to contact us to discuss your land to ensure it fits within our mission and that TKC will have the capacity to care for it. Learn more about how to leave a legacy gift on our Legacy Circle page.
Selling Land
If you are interested in having your land protected but donating it is not a viable option, you can inquire about TKC purchasing it. As a non-profit, charitable organization, funds for land purchases may not always be available, but TKC may have the opportunity to apply for grants or conduct special fundraising if the land meets certain ecological criteria. TKC can only purchase land for up to its appraised value.
Split Receipting
If you sell land to TKC for less than the appraised value, you may be eligible to receive a tax receipt for the difference between the purchase price and appraised value. For example, if the land is valued at $100,000 and you sell it to a land trust for $60,000, a tax receipt for $40,000 may be issued.
If you sell land to TKC for less than the appraised value, you may be eligible to receive a tax receipt for the difference between the purchase price and appraised value. For example, if the land is valued at $100,000 and you sell it to a land trust for $60,000, a tax receipt for $40,000 may be issued.
Right of First Refusal
If you’d like TKC to have the first opportunity to buy your land should you also be seeking other offers, you can grant TKC a right of first refusal. TKC would be informed of any offer submitted by another party and would have the right, generally within a short time period, to buy the land at the price offered by the other party.
If you’d like TKC to have the first opportunity to buy your land should you also be seeking other offers, you can grant TKC a right of first refusal. TKC would be informed of any offer submitted by another party and would have the right, generally within a short time period, to buy the land at the price offered by the other party.
Conservation Easement Agreement
A conservation easement agreement is a voluntary legal agreement between a landowner and TKC that permanently limits uses of the land in order to protect its conservation values. However, you maintain ownership of the land and can still transfer ownership of it at any time. For example, you might give up the right to build additional structures and harvest natural resources while retaining the right to grow crops and maintain hiking trails. Future owners also will be bound by the easement’s terms.
You can find detailed information about conservation easement agreements on the Ontario Land Trust Alliance's website here.
TKC can accept the donation of conservation easements agreements, either directly or through the Ecological Gifts Program, and also has the ability to purchase them. American Friends of Canadian Conservation can also accept donations of conservation easement agreements from US taxpayers.
You can find detailed information about conservation easement agreements on the Ontario Land Trust Alliance's website here.
TKC can accept the donation of conservation easements agreements, either directly or through the Ecological Gifts Program, and also has the ability to purchase them. American Friends of Canadian Conservation can also accept donations of conservation easement agreements from US taxpayers.
Are You Interested in Protecting Your Land?If one of the above land protection options may work for you and you would like to inquire further, please complete the form below or contact TKC for more information.
Phone: 705-782-2200 Email: [email protected] In Person: 69 Boyer Drive, Desbarats, ON |
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