Many people have asked me about the three different Preserving Family Lands books. "Should I buy all three?" I often hear. "Which one should I read first? Which one should I give to my parents? My siblings? My lawyer?"
Here is what I think.
Preserving Family Lands: Book I is still the introduction to conservation easements and tax planning for the landowner. For people who don't know too much about conservation easements and want to learn, this is the place to start. For people who think they might be interested in conservation easements but aren't sure, this is the place to start. For some landowners, often older landowners, who "want something simple and easy," this is the place to start.
Preserving Family Lands: Book II is more advanced than Book I. It covers the fundamental conservation easement tax and legal rules but it also has a specific focus: planning for land when more than one generation is involved, particularly if there are a number of family members in that "next" generation. Reaching agreement among family members, planning for passing land from one generation to the next, the use of partnerships, trusts, and limited liability companies, and a few user-friendly estate planning techniques are some of the things covered in Book II.
Preserving Family Lands: Book III is the newest book in the series. Book III covers some of the same material as Book I but has more in-depth tax and tax planning analysis. Book III covers the new estate tax rules that became law in 2001, and has a lot of material about what is called Section 2031(c), the new estate tax incentives for conservation easement donors. Section 2031(c) became law in 1998 but is still very poorly understood and quite underutilized, and the estate tax savings can be significant. Book III also includes a seven-chapter checklist for a conservation easement project. I think reading the checklist is essential for anyone involved in a conservation easement.
There is a longer description of all three books available via the links in top right navigation bar.
So which book is right for you?
- For an individual who wants to learn the fundamentals about conservation easements, I recommend Book I. If you read Book I and you like what you read, then you should read Book III.
- For someone who wants to introduce an older family member to conservation easements, I recommend Book I.
- For an individual who is interested in donating a conservation easement but who does not intend to leave that land to the children (or other family members), I recommend Book I and then Book III.
- For parents who want to leave land to the children, or for children who want to work with their parents and their siblings to plan for family land, I recommend all three books, in order.
- For a land trust or other conservation organization or government agency that wants to introduce landowners to conservation easements, I recommend buying Book I in bulk and giving that away (or selling it at a very modest price), and then buying Book III in bulk and giving that away (or selling it at a very modest price). I also recommend having extra copies of Book II on hand for the family that needs it.
- For any organization involved in accepting conservation easements, I strongly recommend Book I and Book III, especially the checklist in Book III.
I hope this all helps.
- Stephen J. Small