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A
three-bill package of legislation (Senate Bills 317, 1004,
and 1038) has been proposed that will provide state benefits
for private conservation decisions.
These
bills are sponsored by a number of influential Senators and
have support of the chairs of the committees to which they
have been assigned. They should, therefore, have a reasonable
chance of being acted on - and soon! They may reach the Senate
floor for a vote as early as April 2006.
You
can help! Here's how: You can increase support for these
bills by contacting your legislators -- please see the contact
information, sample letter, and background below.
Contact
information for key legislators
Key legislators for this issue are Senators Ken Sikkema, Nancy
Cassis, Michelle McManus, Jason Allen, Tony Stamas, Buzz Thomas,
and Liz Brater. All senators have the following mailing address:
      PO Box 30036
      Lansing, MI 48909
Email
addresses are as follows:
        Sen<first initial><last name>@senate.michigan.gov
Example
letter
This letter was sent by Washtenaw Land Trust to our legislators
on March 17, 2006.
Dear (Senator):
       
I am writing
to encourage your support of SB 317, 1004 and 1038. These
bills, taken as a package, will do much to encourage voluntary
private land protection in Michigan.        
As the
Executive Director of the Washtenaw Land Trust, we have worked
with landowners to protect over 2000 acres of land in Washtenaw,
Jackson and Ingham counties. Our landowners are generous and
committed to leaving a legacy of open space and protected
lands. However, as land values rise, the magnitude of their
generosity has risen as well. These bills recognize and reward
that generosity.
       As landowners,
including many farmers, age, I am particularly pleased to
see the provisions in this legislation that allow the transfer
of these benefits to other parties. It has been our experience
that with many 'land rich; cash poor' families, the benefit
of a tax credit has been limited by the household income.
By allowing these credits to be passed on to other family
members, or traded to conservation-minded individuals and
businesses, land protection will become more attractive.
       These
provisions also benefit the many non-profits, such as Scouting
organizations, YMCA's and churches, that own significant camp-lands.
As these groups become cash-strapped, it is tempting to sell
seasonal properties, in order to recoup value for year-around
programming. Again, the use of these provisions would allow
them to receive some of the value of their land, while still
protecting it - permanently - against conversion from its
open condition.
       Finally,
SB 1004, which eliminates the 'pop-up tax' on conservation
properties, will help encourage the market-ability of these
conserved lands. This, in turn, will encourage landowners
to take steps to protect their property, as it makes these
encumbered lands more attractive to prospective homebuyers.
       We thank
you for your attention to this issue, which is so critical
to the quality of life of Michigan's residents, now and in
the future. Yours
truly,
Susan Lackey
Executive Director
Background
on the bills
Senate Bill 317 would provide a state income tax credit
equal to 50% fo the taxable value of the donation, up to $10,000/year.
This could be carried over for 20 years and could be transferred
to other parties. This means that folks who are land-rich,
cash-poor, and cannot use the deduction, could transfer the
credits to family members or others who could. It also means
that a non-profit that owns land, such as scouting group that
owns a big campground, could protect their land and make available
their credit to a donor, thus recouping some of the benefits
of the gift.
Senate Bill 1004 would exempt land subject to a conservation
easement from the 'pop-up tax' at time of sale. This would
encourage the resale market for permanently protected conservation
properties.
Senate Bill 1038 mirrors SB 317, allowing businesses
to "acquire" the tax credits of non-profits and
other individuals who cannot use the benefit of their charitable
gift.
To read the text of the bills, visit the Michigan
Legislature website.
Back
to Legislative Update
About
the Washtenaw Land Trust: The Washtenaw Land Trust is
a private, non-profit, tax-exempt 501(c)(3) organization that
works to protect farmland and natural areas throughout Washtenaw
County and the surrounding region.
Washtenaw
Land Trust info@washtenawlandtrust.org
734-302-LAND(5263)
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