Colorado Politics

IN RESPONSE | Column miscast conservation effort for historic Colorado ranch

Paula Noonan’s recent column, “A crazy quilt of conservation easements confounds Coloradans,” Feb. 14, wrongly accuses The Nature Conservancy of actions related to our Medano Zapata Ranch. We want to set the record straight about this important land conservation project.

Located in the San Luis Valley, the Medano Zapata Ranch was acquired by The Nature Conservancy in 1999 to preserve an important part of Colorado’s natural history. Soon after our acquisition, TNC placed a conservation easement on the property, meeting the requirements of one of our funders, Great Outdoors Colorado. Because a portion of the property lies within the boundaries of the Great Sand Dunes National Park, TNC planned to transfer these inholding parcels to the National Park Service.

Noonan states correctly that conservation easements are typically done in perpetuity. However, she implies that TNC has ignored this requirement. The perpetual nature of conservation easements is important for the long-term protection of property, and it is a requirement of both the IRS and the state of Colorado when tax benefits are being sought.

In the case of the Medano Zapata, no tax benefits at either the federal or state level were claimed. TNC anticipated a transfer to the federal government of a portion of the property and included language in the easement that allowed the removal of the easement to facilitate that acquisition. Given the land conservation mission of the National Park Service – to preserve unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations – we are confident that the property will be conserved in perpetuity.

Noonan also states that TNC purchased the property at conservation easement prices, meaning with a conservation easement on it, and then sold it for non-conservation easement prices, therefore making money on the sale.

In fact, The Nature Conservancy purchased the property without the easement in place. We placed the conservation easement on the property after purchase as a condition of GOCO funding.

TNC anticipates selling the property to the Park Service at today’s market value, which will be substantiated by a government-approved appraisal.

After the sale, TNC will pay back GOCO for their initial investment and any additional proceeds that result from that sale will be used by The Nature Conservancy to reinvest in conservation work throughout the state.

We agree with Noonan that there have been some issues with the conservation easement tax credit program, including past abuses by unscrupulous actors. The land trust community continues to work to tighten the tax credit program and provide solutions to these issues. The Nature Conservancy has been a leading voice in these efforts and will continue to support measures to improve the program, including an effort this session to improve its transparency by implementing a statewide mapping effort.

Conservation easements are one of the most significant ways to conserve private land and in Colorado have protected wildlife habitat, ranches and scenic vistas across the state. A 2017 study by Colorado State University showed that residents of Colorado have received an estimated $5.5-$13.7 billion of economic benefits from land conserved by conservation easements. As a conservation organization of high integrity, we believe in this tool’s tremendous value and thus feel compelled to address Noonan’s incorrect assertions.

Carlos Fernandez

Colorado state director, The Nature Conservancy

Boulder

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