YOUR FAMILY LAND:

LEGACY OR MEMORY?
An Introduction to the Family Land Protection Process

By Steve Broderick, Holly Drinkuth and Ruth Cutler

 YOUR FAMILY LAND:
LEGACY OR MEMORY?
OVER TIME, MANY FARM AND FOREST OWNERS COME TO LOVE THEIR LAND: ITS FORESTS, FIELDS, AND
STREAMS, AND THE WILDLIFE THAT LIVE IN THEM. ALL ELSE BEING EQUAL, MANY WOULD LOVE TO KNOW
THAT SOME OR ALL OF THEIR LAND WILL REMAIN UNDEVELOPED AFTER THEY’RE GONE.
THE FACT THAT YOU’RE READING THIS SUGGESTS YOU MAY BE ONE OF THEM.

If you choose to do it, protecting your land from development is a task

you certainly can accomplish. Virtually every case is do-able, and every
problem solvable. It does require some planning and decision making,
however, so the sooner you start the better. Experience has shown that
the number one obstacle to the protection of family land is pure and
simple procrastination.

The Appendix at the end of this booklet is filled with specific contact
information of groups and programs, right here in the Quinebaug-
Shetucket Heritage Corridor, that can help. We at The Green Valley
Institute are always anxious to help, and available at any time at:

( 8 6 0 ) •7 7 4 •9 6 0 0
Stephen.broderick@uconn.edu
Holly.drinkuth@uconn.edu Ruth.cutler@uconn.edu
www.thelastgreenvally.org/gvi

We look forward to hearing from you.

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 This booklet is designed for landowners who think they might want to permanently protect
some or all of their land from development, but aren’t sure where to start.
It’s built around a simple set of steps you can take that, once completed, can put you on the path to a land
protection plan that accomplishes exactly what you want it to.

THE STEPS ARE IN A SUGGESTED ORDER THAT YOU MAY FIND IT MAKES SENSE TO REARRANGE, DEPENDING ON YOUR SITUATION
AND THE OPPORTUNITIES THAT PRESENT THEMSELVES.

STEP 1 Get specific . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

What is it that you want protected for future generations? What matters to you? Try to think in terms of protection goals, such as protecting water
resources, habitat for wildlife, preserving a scenic vista, and/or sustaining a working farm or forest. Some questions to ask yourself include:

• Do you want an heir or heirs to someday own it, or do you
prefer that a land trust or conservation organization own it?
• Do you want to retain the land and exclusive use of it for
your lifetime, or doesn’t that matter?
• Do you want the public to be able to enjoy some or all of
your land, or do you want it to remain private?
• Could you benefit from income and/or estate tax benefits
available to those who voluntarily protect conservation
land during their lifetimes?
• Do you want all of the property kept from development, or
are some specific portions more important than others?
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 Step 2 Learn some basics about land protection tools and options . . . . . . . . . . . . . . . . . . . . . . .
Many folks assume they have just three options for the future of their land:
• They can give it all away;
• They can sell it all for development;
• They can leave it as is to their heirs.
In fact, these are just three options out of many, representing a wide range of income to the owner and protection of
important natural resources for future generations.
Perhaps the single most important land protection concept to understand is the notion of “separable rights”. This means
that you as a landowner possess many individual, and separable, rights, which are “bundled” together in land ownership.
Examples include the right to hunt, to fish, to grow and harvest crops or trees, to build buildings and to subdivide the
land according to town land use regulations.
As a landowner, you can choose to remove one or more of these rights from your bundle and still retain all the other rights you
currently have. A farmer who sells his/her development right to the State Department of Agriculture is a good example
of this principle in action. That farmer can no longer subdivide or develop the land, but can still do everything else he/she
always has, including farming the land, selling the land to another farmer, or willing it to heirs.

Land protection tools, then, come in 3 basic categories:

1. You retain ownership of your land but remove the right to build and/or subdivide. These tools
are known as conservation easements or conservation restrictions.
2. You sell or gift the property itself to a government agency or non-profit conservation group.
3. You combine sensitive and limited development on a portion of the land with permanent
protection on the rest.
These tools can be used simultaneously, and/or in any combination. In addition, there are an increasing
number of local, state and federal funding programs available for land protection. Which ones you might
qualify for will depend on the location and attributes of your land. To learn more, contact the Green Valley
Institute or consult the Further Reading section at the end of this booklet.

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 Many owners are torn between not wanting to see their land developed
and not wanting to disinherit children or other heirs. Usually, however, it’s not an “either/or”
situation, as some may believe. Creative planning and compromise
can allow for some measures of both.

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 Step 3 Discuss your thinking with appropriate family members . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not everyone has immediate family members, and for some this step may not be necessary, or even desirable. But
for many it is absolutely essential. Many a land protection effort has failed, or never gotten off the ground, because
family members either didn’t communicate or couldn’t agree. Getting things “out on the table” can relieve anxieties,
reduce misconceptions and clarify just what differences of opinion really must be addressed.
Many owners are torn between not wanting to see their land developed and not wanting to disinherit children
or other heirs. Usually, however, it’s not an “either/or” situation, as some may believe. Creative planning and
compromise can allow for some measure of both. But the key is to open the lines of communication so the
planning process can begin. At some point, we all must face our own mortality. There is nothing unseemly or
morbid about having these discussions, but breaking the ice can be difficult.

Step 4 Make some calls .................................................................................................

Let’s assume you’ve thought through these first three steps. You’ve developed a clearer idea of what you want to happen to your land, and in
general which of the three types of protection tools seem to make sense for you. If necessary you’ve talked things over with appropriate family
members. Now it’s time to reach out and make some contacts. Which contacts you make, and in what order, will vary from one situation to
another. The most common ones include:

1. The Green Valley Institute. We can answer specific questions
and help you pull a team of partners and advisors together that
can work with you.
2. Your local land trust. Land trusts are non-profit organizations
run by local, conservation-minded volunteers. They exist to
permanently protect and care for open space. Land trusts
can help you explore funding programs, locate good legal
assistance, and much more. The map in Figure 1 shows local
land trusts within the Quinebaug-Shetucket Heritage Corridor
and the towns where each one operates.
3. Your town Conservation Commission. These Commissions
exist to inventory and protect important open space as your
5
community grows. Often they can work with you and the
local land trust to help you realize your land protection goals.
Your town clerk or annual town report can provide contact
information.
4. A conservation attorney. If you have a good attorney that you
like and trust, that’s great. But be aware that some attorneys
(even those who advertise estate planning services) may
not know much more than you do about the specific needs,
opportunities and tax issues facing folks protecting their land. If
in doubt, ask your land trust or Conservation Commission for a
recommendation.
Step 5 Take stock of what you have . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
People who own thousands of dollars worth of stocks or mutual funds usually keep fairly close track of how healthy the
companies they’ve invested in are, what kind of return they’re producing, and what risks they might be facing in the future.
Yet these very same people might own tens or even hundreds of thousands of dollars worth of land and timber, and yet know
almost nothing about it: how healthy the forest is, what the land and/or timber is worth, or even where the boundaries are.

Specifically, your land protection effort will likely require:

1. Accurate boundary information. This doesn’t necessarily mean an expensive survey, but someone should know where
your property corners are and how to find them.
2. A property appraisal. Certified general real estate appraisers can estimate the current market value of your land, as well
as the value of its development rights. This information isn’t required early on, and may not be necessary at all. It will
eventually be needed, however, if you intend to take advantage of federal income tax deductions that are allowed for
conservation gifts or bargain sales.
If some of your land is forested, a forest resource inventory can also be helpful. A certified professional forester can
conduct one and alert you to such features as unique plant communities, valuable or productive timber stands, valuable
wildlife habitats, etc. This information enables you to make the best possible choices about what portions of your land
may be the most important to protect.
Your local Cooperative Extension office or DEP Service Forester can provide you with a listing of Certified Professional
Foresters in your area (see For More Information).

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 ACT NOW!!!
Who knows what tomorrow
will bring?

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Step 6 Don’t forget: NOW IS THE TIME! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contrary to popular belief, protecting family land is not something to put off until just
before you die. There are at least four good reasons why the time to do this is now:

1. If you should die unexpectedly without a plan, the state and/or your heirs will create
one for you. Theirs may not look much like what yours would have.
2. Significant income and/or tax benefits may be lost by waiting to protect land via last
will and testament. Good planning can save land now, save or earn you money now
and may save your heirs money later.
3. Peace of mind. If you keep thinking about this, you must want to do it. Actually
getting it done changes that worry into pride and contentment.
4. You’re of sound mind at the moment. Who knows what tomorrow will bring?

For more information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Green Valley Institute is dedicated to:
• Improving the knowledge base from which land use and natural resource decisions are made,
• Building local capacity to protect and manage natural resources as our region grows.
The GVI is a cooperative venture of the Quinebaug-Shetucket National Heritage Corridor, the UConn College of Agriculture and
Natural Resources, UMass Extension, and numerous other partners.

The Green Valley Institute The Quinebaug-Shetucket

c/o The UConn Cooperative Extension System, National Heritage Corridor
Windham County Extension Center 107 Providence Street
139 Wolf Den Road Putnam, CT 06260
Brooklyn CT 06234 (860) 963-7226
(860) 774-9600 www.thelastgreenvalley.org
www.thelastgreenvalley.org/gvi
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 YOUR FAMILY LAND:
College of Agriculture
and Natural Resources
Cooperative Extension System
9 continued
LEGACY OR MEMORY?
YOU CAN FIND ADDTIONAL INFORMATION THROUGH THE FOLLOWING
ORGANIZATIONS. CALL BY PHONE OR VISIT THEM ON THE WEB.
The UConn Cooperative Extension System can The Connecticut Division of Forestry has a Public
provide information on farm management, forest Service Forester who can provide on-the-ground
stewardship, estate planning and other related forest stewardship information and assistance for no
topics. Contact: fee. Contact:
Windham County Dick Raymond
Extension Center Goodwin State Forest
139 Wolf Den Road 23 Potter Road
Brooklyn CT 06234 Hampton CT 06247
(860) 774-9600 (860) 455-0699
Sherwood.raymond@po.state.ct.us
Tolland County http://dep.state.ct.us/burnatr/forestry
Extension Center U T F ORE
24 Hyde Avenue EC
T IC ST The Eastern Connecticut Forest Landowners
LA
Association is a non-profit educational organization
S T E RN C ON
ND
Vernon CT 06066
OWNERS
(860) 875-3331 Wolf Den run by forest owners for forest owners. Through
EA
Land Trust
quarterly newsletters and workshops they provide
•
AS
•
S O C I AT I O N
New London County Extension Center information and education on forest stewardship and
562 New London Turnpike family lands protection topics. Contact:
Norwich CT 06360 ECFLA
(860) 887-1608 P.O. Box 404
www.canr.uconn.edu/ces Brooklyn CT 06234
www.ecfla.org
Local Land Trusts in The Quinebaug-Shetucket Land Trust Regions within the Quinebaug-Shetucket
National Heritage Corridor (see Land Trust Map National Heritage Corridor
to the right).

Avalonia Land Conservancy Legend

P.O. Box 49 LEGEND East Brookfield
..........................................................................
Old Mystic CT 06372 Town Boundary East Brookfield

(860) 887-6786 Town Boundary Wolf Den Land Conservancy*

www.geocities.com/avalonialc Avalonia Land Conservancy
Wolf Den Land Conservancy* Brimfield
Charlton
Oxford
Connecticut Forest and
Avalonia Land Conservancy Charlton Sturbridge
Park Association** Brimfield
Charlton Heritage Preservation Trust Connecticut Forest and
Oxford
Sturbridge
Dudley Conservation Land Trust
P.O. Box 92 Park Association**
N Holland Southbridge Dudley Webster
Charlton Depot, MA 01509 Greater
Dudley Conservation Land Trust Worcester Land Trust
Holland Southbridge
W E Dudley Webster
(508) 248-5121 Joshua’s Tract Land Trust
Greater Worcester Land Trust
www.charltontrust.org Joshua’s Tract Land Trust Norcross Wildlife Foundation
S Union
Thompson
Woodstock
Opacum Land Trust Union
Norcross Wildlife Foundation
Thompson
Connecticut Forest and Park Association: A Opacum Land Trust
Opacum Land Trust and Woodstock
Charlton Heritage Preservation Trust
conservation organization and land trust which also Opacum Land Trust and Wyndham Land Trust
Putnam

manages the 700-mile Blue-Blazed Hiking Charlton Heritage Preservation Trust Ashford
Putnam
Eastford

Wyndham Land Trust and

Trail System. Wyndham Land Trust New Roxbury Land TrustAshford Eastford
Pomfret

Wyndham Land Trust and Pomfret Killingly

New Roxbury Land Trust
Contact:Adam Moore
Killingly
Chaplin
16 Meriden Road, Coventry
Mansfield Hampton Brooklyn
*The geographical region
Rockfall, CT 06481 of the Wolf Den Land Trust Mansfield Chaplin Brooklyn
Coventry
includes all towns located Hampton
98600 346-TREE within Windham County, Connecticut.
www.ctwoodlands.org **The Connecticut Forest and Park Association Windham
Scotland Canterbury Plainfield Sterling
covers the entire Connecticut portion of the
Quinebaug-Shetucket National Heritage Corridor.
Windham Sterling
Dudley Conservation Land Trust The Nature Conservancy owns protected land or Scotland Canterbury Plainfield
holds easements within the Quinebaug-Shetucket
29 Healy Road National Heritage Corridor. Lebanon Sprague
Franklin
Dudley, MA 01571 Data shown map on were derived from Lisbon
data courtesy of the Connecticut Department
Lebanon Sprague
508-949-2468 of Environmental Proctection, Environmental Franklin
Griswold Voluntown
and Geographic Information Center, and the
www.dudleyclt.org Massachusetts Executive Office of Environmental
Lisbon
Griswold Norwich
Affairs, Massachusetts Geographic Information System. Voluntown
Preston
Greater Worcester Land Trust This map is intended for planning purposes only, contains Norwich
no authoritative positional information, and is not suitable for conveyances.
172 Shrewsbury Street Preston

Worcester, MA 06104
0 2.5 5 10 15
(508) 795-3838 Miles
www.gwlt.org continued 10
 Joshua’s Tract Land Trust Wyndham Land Trust
P.O. Box 4 P.O. Box 302
Mansfield Center, CT 06250 Pomfret Center, CT 06259
(860) 429-9023 (860) 774-3493
www.joshuaslandtrust.org Funding Programs for Land Protection: Contact
Information
The New Roxbury Land Trust
P.O. Box 98 Federal Programs
Woodstock CT 06281
(860) 928-9726 U.S. Forest Service
www.nrlt.org Forest Legacy Program: purchases conservation
easements on important forestland threatened with
The Norcross Wildlife Foundation conversion to other uses. Contact:
P.O. Box 269
Wales, MA 01081 Fred Borman
(413) 267-9306 CT Division of Forestry
http://www.norcrossws.org 79 Elm Street
Hartford, CT 06106
Northern Connecticut Land Trust (860)424-3630
P.O. Box 324 http://dep.state.ct.us/burnatr/forestry
http://dep.state.ct.us/burnatr/forestr
Somers, CT 06071
(860) 684-5538 Natural Resource Conservation
www.northernctlandtrust.org Service (NRCS)
Farmland and Ranchland Preservation Program:
Opacum Land Trust, Inc. purchases conservation easements on prime,
P.O. Box 233 unique or other productive soils for the purposes of
Sturbridge MA 01566 limiting conversion to
(860) 347-9144 non-agricultural uses of the land. Contact:
www.opacumlt.org
Kip Kolesinskas, Natural Resource
Wolf Den Land Trust Conservation Service
P.O. Box 404 344 Merrow Road, Suite A
Brooklyn CT 06234 Tolland, CT 06084-3917
(860) 974-1991 (860) 871-4011
www.ecfla.org/wdlt www.ct.nrcs.usda.gov/sign-up-programs.html
www.ct.nrcs.usda.gov/sign-up-programs.htm

continued
11
State Programs Non-Profit Organizations

CT Department of Agriculture The Nature Conservancy:

Farmland Preservation Program: purchases TNC works with willing landowners to preserve lands
development rights on existing working farms with important to the conservation of biological diversity,
significant prime or productive farm soils. with particular focus on two specific regions within
the QSHC.
Contact: J. Dippel http://nature.org
CT Department of Agriculture PDR Program
165 Capitol Avenue Contact:
Hartford, CT 06106 Holly Drinkuth
(860) 713-2511 Quinebaug Highlands Project Director
www.ct.gov/doag 139 Wolf Den Road
Brooklyn, CT 06234
CT Department of Environmental Protection (860)774-9600
Recreation and Natural Heritage Trust Program: acquires hdrinkuth@tnc.org
land adjacent to existing state land or other large
tracts that meet specific criteria. Kevin Essington
Pawcatuck Boderlands Project Director
Contact: Suzanne M. Barkyoumb 391 Norwich-Westerly Road
DEP Division of Land Acquisitions and Management P.O. Box 250
79 Elm Street North Stonington, CT 06359
Hartford, CT 06106 (860) 535-1355
(860) 424-3016 kessington@tnc.org
http://dep.state.ct.us/rec/openspace/rnhtp.htm
Connecticut Farmland Trust:
CT Department of Environmental Protection CFT assists landowners with protection of agricultural
Open Space and Watershed Land Acquisition Program: land by raising private funds to match with public
provides grants to municipalities and land trusts to funding in acquiring conservation easements.
protect important land and water resources.
Elisabeth Moore
Contact: Dave Stygar 77 Buckingham Street,
DEP Land Acquisition Unit Hartford, CT 06106
79 Elm Street (860) 247-0202
Hartford, CT 06106 www.ctfarmland.org
(860) 424-3016
http://dep.state.ct.us/rec/openspace/opensp31.htm
http://dep.state.ct.us/rec/openspace/opensp31.ht continued
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 Connecticut Audubon:
Accepts land or easements adjacent to their existing
wildlife sanctuaries in Hampton and Pomfret.

Contact:
Sarah Heminway, Director
Connecticut Audubon
P.O. Box 11
Pomfret Center CT 06259
928-4948
www.ctaudubon.org/visit/pomfret.htm

Further Reading

A Landowner’s Guide to Conservation Options. The

Nature Conservancy. 28-page brochure available
from The Land Trust Service Bureau, 55 High Street,
Middletown CT 06457. (860) 344-0716.

Conservation Options: A Landowner’s Guide. The

Land Trust Alliance, 1331 H Street NW, Suite 400,
Washington DC 20005-4711. (202) 638-4725 or
www.lta.org

Preserving Family Lands: Essential Tax Strategies for the

Landowner. Stephen J. Small. A three-book series
available for $14.95 each from Preserving Family
Lands, P.O. Box 2242, Boston MA 02107 or
www.stevesmall.com

The Landowner’s Guide to Conservation Easements.

Steven Bick & Harry L. Haney, Jr. Kendall/Hunt
Publishing Company, 4050 Westmark Drive Dubuque,
Iowa 52002. 179 pages.

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Graphic Design by Susan Schadt, University of Connecticut

14
 The Green Valley Institute
c/o University of Connecticut
Cooperative Extension System
139 Wolf Den Road
Brooklyn, CT 06234

The Green Valley Institute is an educational partnership of:

working
College of Agriculture
and Natural Resources
with
Cooperative Extension System