But What is a Conservation Easement and How Does it Work?

Since its establishment in 1994 by the Tennessee General Assembly, the Tennessee Wars Commission (TWC) has served as the division within the Tennessee Historical Commission (THC) responsible for the preservation and conservation of Tennessee’s military heritage from the French and Indian War (1754-1763) through the Civil War (1861-1865) era and sites associated with the Underground Railroad. This department focuses its efforts on coordinating planning and preservation strategies, promotes the conservation of structures, buildings, sites, and battlefields through land acquisitions, restoration endeavors, and easements.

Ok, TWC preserves military heritage, but what is a conservation easement and how does it save our history?  

What is it? Conservation easements are legally binding agreements between the property owner and either a government agency or a land trust that limits certain property uses to protect the historical, cultural, archaeological, scenic, and open space values of the property.

Who uses these? Easements are tools that landowners and historic preservationists can employ to provide perpetual protections to property. Landowners can be private citizens, corporations, organizations, or government entities. By accepting to hold an easement, THC and TWC have determined that a property’s historic significance and public benefit warrant its protection.

How does it work? Property owners voluntarily agree to certain use and development restrictions on the property which is recorded in the easement and on the deed. These easements run with the property, meaning they are perpetual in nature regardless of the owner.

What is the purpose of it? The primary purpose of a conservation easement is to protect the land in perpetuity from inappropriate change and to retain the natural landscape be it scenic and open space, forested, or farmland; to protect any archaeology, and to retain the historic and cultural values, feelings and association of the property for generations to come.

What are the benefits? There are a range of benefits some felt immediately some down the line and include:

• Retaining Ownership, the property owner retains ownership and can continue to utilize their property.
• Tax Benefits, landowners may be eligible for federal and/or state tax deductions for the value for the donated easement.
• Environmental and Wildlife Protections, with an easement in place, the property will remain in its approximate state, protecting the resources present.
• Future Generations, the perpetual nature ensures that the property will be preserved for generations to come.  

The Wars Commission collaborates with property owners to protect the land under easement by performing routine site visits to monitor the property, ensuring there are no natural or unauthorized human alterations, inappropriate changes, or encroachments. Monitoring helps the TWC to build and maintain strong working relationships with landowners and managing parties. It provides an opportunity to document any changes in the property and to learn about future projects the landowner many want to undertake. Site visits afford the opportunity for the TWC to discover any potential easement deficiencies or violations, and to work with property owners to address these issues as well as allows the TWC to meet its preservation obligations through routine monitoring. In addition to eased properties, the TWC monitors war-related state-owned sites.

Currently, TWC monitors approximately 1,100 acres of battlefield and war-related properties and that number is anticipated to grow with the expansion of the easement program. Up until now, TWC only accepted conservation easements on battlefield properties utilizing a Civil Wars Sites Preservation Fund (CWSPF) award however, TWC can now accept easement donations from property owners on land associated with all the abovementioned conflicts. This opens a new preservation avenue for property owners to provide protections on significant historic sites, structures, and battlefields throughout the state.