Sunflower Land Trust
  A land trust in Kansas  
 
...a way for you to preserve your property for all time.
 
 





 
Tools We Use

Owning a parcel of land is often described as holding a bundle of rights. Landowners can sell or give away the entire bundle, or relinquish only a few of the rights they own as they see fit. Some of their rights include the right to use the land, right to sell, the right to plat or restrict development in order to protect the lands’ unique character.


The Sunflower Land Trust was formed to protect land while at the same time meeting the landowner’s conservation and financial objectives. Sunflower Land Trust uses a variety of time tested conservation tools in order to accomplish their mission. The more common techniques include:


Life Estate - This mechanism reserves to the landowner the right to live on their land for the rest of their life regardless of ownership. In some instances, the owner may wish to transfer the land to the Sunflower Land Trust and continue to reside on the land or have access for the remainder of their lives. If they chose to do so, they can remove themselves from the management responsibility of the land.

Limited Development - This tool allows the land to be developed on a limited scale that is less than the maximum possible. For example, a parcel of land may have the development potential of 10 forty acre units. However, the landowner may want to limit the subdivision of the property into two 200 hundred acre parcels. The limited development tool divides the property and permanently removes the two parcels from further subdivision processes..

Cluster Development - In areas with favorable zoning regulations, a landowner can choose to maximize the full development potential of their land while removing the majority of the land from future development. For example, a 100 acres of land may have the potential to be divided into ten 10 acre parcels. Under the cluster development concept, the land can have all of the ten sites located in one corner of the property on 20 acres (for example, 10 two acres building sites), while the remaining property is placed under a conservation easement to protect it from future development.

Conservation Easement - This commonly used tool allows the landowner to retain ownership of their land, while at the same time permanently restrict some of the future uses. Conservation easements are a legal document that convey to a qualified organization, (e.g. Sunflower Land Trust) the restriction the owner may wish to remove from the property. The land trust will become the permanent holder of the easement. The landowner will keep the remaining interest in the land. When a landowner chooses to do so, he or she, may sell the land or pass it to their heirs, knowing the land trust will keep the restrictions in force. Conservation easements are flexible in their creation and do offer the landowner a variety of choices. They create a benefit to the community, but do not necessarily open the land for public usage, unless the landowner desires it to be so.

Charitable Remainder Trust - This tool allows the landowner to gift the property to the land trust, have the land trust sell the property for them with the proceeds going into an annuity account for the landowner. This mechanism avoids the capital gain tax and allows the owner to enjoy a monthly payment from the interest on the monies raised from the sale.
Transfer By Demise - this is a transfer mechanism using a will to transfer of the property. In this manner the owner retains all rights and privileges of land ownership until their demise. Upon their death the land will transfer to the land trust.

Despite the tool selected, each becomes a legal agreement that is tailored to protect the land while at the same time maximizing the benefits to the landowner. Since each individual situation is unique, landowners are encouraged to contact the Sunflower Land Trust in order to determine the tool that would be best suited to meet their conservation and financial objectives.

 

 


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