The Donated Conservation Easement Process

  1. MLR staff and landowner meet to review property and complete conservation easement checklist.
  2. Project is presented to MLR staff for approval.
  3. Project is presented to MLR Board of Directors for approval.
  4. Letter of Board approval is sent to the landowner.
  5. MLR staff begins easement drafting process reflecting landowner’s expressed wishes for the property.
  6. First draft of conservation easement is sent to the landowner for review (independent financial and legal counsel is recommended).
  7. Landowner provides easement revisions to MLR staff.
  8. MLR staff prepares mortgage subordination, if necessary, for landowner to negotiate with the lending institution.
  9. MLR staff obtains a preliminary title commitment and requests a minerals title search if necessary.
  10. MLR staff contracts for resource documentation report as required by the Internal Revenue Code.
  11. MLR staff contracts, if necessary, for mineral remoteness test as required by the Internal Revenue Code.
  12. Landowner has property appraised by qualified conservation easement appraiser.
  13. Draft is sent to county planning board for review and advisory comments.
  14. Final easement is signed by landowner and MLR representative.
  15. Easement is recorded with the county.

 

 

PO Box 355
Helena, MT 59624-0355

Phone: 406-443-7027

Fax: 406-443-7027

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