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Legislative Update
Support State Incentives for Conservation

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.

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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)

WLT • 1100 N. Main Street
Ann Arbor, MI. 48104
734-302-5263