Protect Your Farmland

“Acquisitions” encompasses the period between application selection and the real estate closing. It consists of six (6) distinct phases: Applicant Selection, Land Planning, Appraisal, Offer, Contract for Purchase and Sale, and Closing.  Easement Committee approval is required at every stage of the acquisition process. The committee meets monthly to review and vote on projects as they advance through the acquisition process. 

Once an applicant is approved, design of a conservation easement usually takes several months depending on the size of a property, nature of operations, and potential estate planning actions.  Land planning is a critical step, as this establishes Use Areas: areas that allow certain activities yet prohibit others.   For instance, a residence can only be located within an “Acceptable Development Area”.   Once the design is approved, the proposed CE, via the Land Plan, is appraised to determine its Fair Market Value (“FMV”).  WAC pays for the appraisal and the staff time required to design a proposed CE. Landowners (and their families) are especially encouraged to be actively engaged in the Land Planning stage. 

The appraised value of the CE becomes the basis for the Offer. The Offer (purchase price) is the difference between the land’s value with the easement and its value without the easement – “Paid for Development Rights.”  A landowner receives six months to decide whether to accept.  WAC strongly encourages landowners to seek financial and legal advice from a qualified financial planner and attorney during this time (before signing a Contract for Purchase and Sale). 

Application to Offer phases are all voluntary steps, at NO cost to a landowner.  We encourage all farmers interested in a CE to apply.  

If a landowner accepts WAC’s offer, a Contract for Purchase and Sale is signed and the decision to sell a conservation easement becomes binding.  The duration of the contract is typically one year.  The landowner receives a ten-percent downpayment, with the remaining 90 percent paid at Closing.

While in contract, CE Program staff work with the landowner and contractors to complete a survey of the property, an Environmental Site Assessment (Phase I), Title Search / Commitment to Title Insurance, and municipal review. WAC pays for the cost of these services.  

WAC becomes a partner on your land, on the Closing Date, when the Deed of Conservation Easement is signed.