
Conservation Easements
in Morgan County, Georgia
Madison-Morgan Conservancy
Introduction
Welcome to the Madison-Morgan Conservancy's Conservation Easement StoryMap! This interactive tool aims to educate and bring awareness to the importance of conservation easements and introduce ones that are currently in place in the Morgan County area.
To navigate through the StoryMap, simply scroll or click the title buttons located above.
Morgan County Conservation Easements

Academy Mill Farm

Veranda Connection to Horse Branch Trail & Preserve

Bramble Creek Farm

Silver Lakes Park and Trail

Long Meadow Farm

Medlock Ridge

Foster-Thomason-Miller-Minnix House

Jack's Creek Farm

Sowhatchet Farm

Briar Creek Farm

441 Farm

Big Indian Creek Farm

Blackdawg Farm

Madison-Morgan County Welome Center

Round Bowl Spring

Pritchard Loop

Tanyard Branch

President's Park

Confluence Preserved Forest

Sugar Creek Farm

Rattlesnake Ranch

Peacock Place

Verner Corner

c.1890 McLeroy House

Wayside Farm

Sunny Side

Hundred Acre Farm

Goose Creek Farm

Hwy 83 Viewshed

Vason Farm at Walton Mill

Stagecoach House Garden
Academy Mill Farm
Acres: 100
Easement Donor: The Jenkins Family
Land Trust: GA-AL Land Trust/Chatowah Open Land Trust
Year Protected: 2001-2023
Conservation Values: Preservation of open space, viewshed, and farmland.
The Story: Felton Jenkins, Jr. a fourth generation Morgan Countian, owned the family farm on the east side of the historic Davis Crossroads (the west side is currently the Rivian site). The iconic cemetery on the hill once served as a community center of sorts – where locals would pick up their mail, meet their neighbors, exchange goods. Felton and his wife Julie also owned the family home, the historic Kimble-Crawley-Davis House (now relocated from the Rivian site to Madison’s Historic District) and the Davis Academy Schoolhouse. Julie and Felton’s love for the Crossroads was deep and was shared by their children, so they started protecting the crossroads by donating conservation easements. First, Julie and Felton permanently protected 58 acres of the pastureland that wraps the cemetery. Then the children protected a 9-acre hay field. And most recently Julie donated 33 acres of the pecan grove. These three easements along with the Verner Corner will serve as buffers from the Rivian site. The Jenkins' easements have ensured: the pervious surface will filter water flowing into the streams and percolating into the aquifers, and the open space can continue to be used to raise cattle, can be row cropped, or can be planted in trees.
Photo Courtesy of Scott Finsthwait
Veranda Connection to Horse Branch Trail & Preserve
Acres: 16
Easement Donor: J&J Veranda Park, LLC
Land Trust: Athens Land Trust
Year Protected: 2022
Conservation Values: Preservation of outdoor recreation by the general public, the preservation of open space for the scenic enjoyment of the general public, and green infrastructure.
The Story: The former landowner of this property wanted to donate these 16 acres to the City of Madison to provide a much-desired link from the Morgan County School campus to the Horse Branch Trail. Because the property qualified as a sending area in Madison’s Transferable Development Rights program, the landowner removed the development rights before donating the property to the City.
Photo Courtesy of the Madison-Morgan Conservancy
Bramble Creek Farm
Acres: 155
Easement Donor: Charlene Kickbush
Land Trust: Athens Land Trust
Year Protected: 2021
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: Charlene and Tom Kickbush had spoken for years about protecting their farm. They loved the bottomland hardwoods, horse pastures, and abundant wildlife they saw daily. They did not want to see the land developed, or the mushrooms disappear, or the birds, deer, and other wildlife be displaced. Years after Tom passed away, Charlene contacted the Conservancy to explore her options. It was the beginning of a beautiful friendship and the protection of 155 acres of their 165-acre farm. On the 165 acres, there are three building envelopes, allowing limited future development, and the rest is protected as working farm, working forest, and special natural areas. This project is a perfect example of why the Conservancy works in this space – it's a win, win, win: conservation easements benefit wildlife, the public (by protecting public resources like air and water quality, openspace, wildlife habitat, prime soils), and the landowner. In this case, Charlene was able to honor Tom’s wishes and leave a lasting legacy.
Photo Courtesy of the Madison-Morgan Conservancy
Silver Lakes Park and Trail
Acres: 5.784
Easement Donor: Downtown Development Authority of Madison
Land Trust: Athens Land Trust
Year Protected: 2020
Conservation Values: Preservation of outdoor recreation by the general public, the preservation of open space for the scenic enjoyment of the general public, and green infrastructure.
Photo Courtesy of the Athens Land Trust
Long Meadow Farm
Acres: 176.4
Easement Donor: The Huntz Family
Land Trust: Athens Land Trust
Year Protected: 2020
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: Mary and John Huntz decided to do an easement on their family farm to protect the working forests, meadows, hay fields, streams, and wildlife habitat. They reserved three building envelopes to allow their two children to have a presence on Long Meadow Farm. The property is on a tributary to Hard Labor Creek, one of Madison’s sources of drinking water, so the protection of the stream was especially significant. The property was part of the long-gone historic community of Dorsey and includes the site of the Dorsey Church (no longer extant) and cemetery.
Photo Courtesy of the Huntz Family
Medlock Ridge
Acres: 141.76
Easement Donor: The McWhirter Family
Land Trust: Athens Land Trust
Year Protected: 2020
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: The McWhirter Family has enjoyed hunting on the family farm for many years. Two generations of the family collectively decided to protect the farm so that they and future generations would always have a place for recreation (to hunt, fish, and decompress). The conservation easement includes two building envelopes, which permits the construction of two houses on the property. It also allows for timber harvesting and wildlife management, so that the McWhirter’s and future owners can manage the land for the benefit of the forestry industry, the wildlife, and the community.
Photo Courtesy of the Athens Land Trust
Foster-Thomason-Miller-Minnix House
Acres: 1.88
Easement Donor: The Madison-Morgan Conservancy
Land Trust: Georgia Trust for Historic Preservation
Year Protected: 2019
Conservation Values: Preservation of a certified historic structure.
The Story: In 1880, at the age of 23, Legare Foster inherited a fortune and, in 1883, completed construction on what was thereafter known as “the most elegant country home in Middle Georgia.” In 2001, a fire broke out in the rear kitchen addition. The main house suffered mostly smoke and water damage but sat vacant for almost twenty years. In 2018, after the building was listed on the GA Trust’s Places in Peril list, the Conservancy purchased the house on two acres through its then-newly minted Endangered Properties Revolving Fund. After stabilizing the structure, cleaning up the grounds, and executing a conservation easement on the two acres, the Conservancy partnered with Lewis and Redwine to market and sell the property. New owners, Elizabeth and David Minnix, have lovingly restored the unique architectural details, replaced the rear addition, and have brought Madison’s Masterpiece on Main back to life.
Photo Courtesy of the Madison-Morgan Conservancy
Jack's Creek Farm
Acres: 104
Easement Donor: The Batchelor & Malcom Families
Land Trust: Southern Conservation Trust
Year Protected: 2019
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: Of Georgia’s 159 counties’ Farmgate values, Morgan County is #1 in field nurseries. Jacks’ Creek Farm is one of the reasons. Mark Batchelor and Damon Malcom began the nursery in 1996, and today plant over 10,000 trees annually, selling the matured stock of over 50 species to individual customers, landscape suppliers, and landscape architects. They are passionate about agriculture and the quality of life in Morgan County and saw the opportunity to support both by donating a conservation easement. The easement protects the working lands and allows them and future owners to continue farming operations and reserves two building envelopes for limited future development. Bonus: Santa comes to Jack’s Creek Farm every year where you can cut your own Christmas tree or choose from pre-cut trees. Now Santa will be assured a place to visit Morgan County’s kids forever.
Photo Courtesy of the Southern Conservation Trust
Sowhatchet Farm
Acres: 299.35
Easement Donor: Sowhatchet Farm, LLC.
Land Trust: Athens Land Trust
Year Protected: 2019
Conservation Values: Preservation of open space, farmland, forestland, and wildlife habitat.
Photo Courtesy of the Athens Land Trust
Briar Creek Farm
Acres: 200
Easement Donor: The Lambert Family
Land Trust: Athens Land Trust
Year Protected: 2018
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: The Lambert Family’s leadership in the Morgan County community is one of the reasons Madison and Morgan County are thriving and so desirable. Getting I-20 routed through Morgan County, supporting the development of Lake Oconee, creating the historic preservation district in Madison, and saving the Madison-Morgan Cultural Center are just a few of the projects in which their thoughtful leadership was key. They continue to lead by example by permanently protecting their family farm. E.R. Lambert, Sr. purchased the farm in the 1920s. Sharecroppers farmed the land before the Lamberts started a dairy business, and more recently successive generations have raised cattle and hay and managed the land for all kinds of wildlife. The Lamberts donated a conservation easement on 200 of their 600-acre working farm. They reserved the right to manage the timber, to continue to grow hay and raise cattle, to build the necessary infrastructure to facilitate a farming operation, and to manage the ponds for fish and the land for wildlife (there may be a few wild coveys of quail on the farm!). They also reserved two building envelopes for limited future development so they can ensure their family (or even new owners) can have a place on the farm.
Photo Courtesy of the Madison-Morgan Conservancy
441 Farm
Acres: 114.91
Easement Donor: The Batchelor & Malcom Families
Land Trust: Athens Land Trust
Year Protected: 2018
Conservation Values: Preservation of open space, farmland, and forestland.
The Story: Mark Batchelor and Damon Malcom, owners of Jack’s Creek Farm, one of Morgan County’s tree nursery farms, are both public servants, serving on Bostwick’s City Council for many years. As farmers and agribusiness owners, they are passionate about protecting Morgan County’s Farmland. They purchased the 441 Farm to protect the forest and hay fields and donated a conservation easement that reserved two building envelopes and allows them to continue to lease the farm for hay/cattle and to manage the working timber forest.
Photo Courtesy of the Athens Land Trust
Big Indian Creek Farm
Acres: 185.25
Easement Donor: The Adams Family
Land Trust: Athens Land Trust
Year Protected: 2017
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
Photo Courtesy of the Athens Land Trust
Blackdawg Farm
Acres: 216.24
Easement Donor: The Parrish Family
Land Trust: Athens Land Trust
Year Protected: 2016
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: The Parishes purchased a portion of the old Porter Family Farm and loved the land so much they reassembled six tracts of the original farm and permanently protected 216 acres by donating a conservation easement. The easement prohibits subdivision and disturbance of special natural areas and allows for two future building envelopes (for limited development or to be sold/given/willed to family members). The Parishes are passionate about wildlife, open space, and dogs (they raise hunting dogs on the farm now) and wanted to protect the land from development so future generations would be able to enjoy and farm the land in the future.
Photo Courtesy of the Athens Land Trust
Madison-Morgan County Welome Center
Acres: 0.07
Easement Donor: Madison-Morgan Chamber of Commerce
Land Trust: Georgia Trust for Historic Preservation
Year Protected: 2016
Conservation Values: Preservation of a certified historic structure.
The Story: In 2016, the Madison-Morgan Chamber of Commerce permanently protected the Welcome Center by executing a conservation easement (in this case, sometimes referred to as a façade easement) to protect the structure from insensitive material changes to the exterior facades.
Constructed in 1887, the building originally served as a city hall and firehouse, back when fire engines were drawn by horse and buggy. The original firepole can still be seen inside.
Photo Courtesy of the Madison-Morgan Conservancy
Round Bowl Spring
Acres: 1.35
Easement Donor: City of Madison
Land Trust: Athens Land Trust
Year Protected: 2015
Conservation Values: Preservation of outdoor recreation by the general public, the preservation of open space for the scenic enjoyment of the general public, watershed, and green infrastructure.
The Story: Round Bowl Spring served as the main source of fresh water for early settlers to Madison and has been the center of Madison life since the town’s incorporation in 1809. Around the turn of the new millennium, a park and trail system were developed around the spring as the City’s first linear greenspace and currently it serves as the most used park in Madison. Years later, the City of Madison decided to permanently protect the park and trail system so that future generations were guaranteed continued use of the town amenity. They removed the development rights from the land by executing a conservation easement through Madison’s Transferable Development Rights ordinance. Those development rights were used to develop the LEED-certified Silver Lakes Senior Living complex.
Photo Courtesy of the Madison-Morgan Conservancy
Pritchard Loop
Acres: 18.996
Easement Donor: City of Madison
Land Trust: Athens Land Trust
Year Protected: 2015
Conservation Values: Preservation of outdoor recreation by the general public, the preservation of open space for the scenic enjoyment of the general public, and the preservation of a historically important land area.
The Story: Because Round Bowl Spring Park and Trail (described above) was so well used by the community, the City of Madison expanded the trail system to include a new trail through property that had been donated to the City of Madison by the Pritchard Family.
Photo Courtesy of the Madison-Morgan Conservancy
Tanyard Branch
Acres: 2.853
Easement Donor: City of Madison
Land Trust: Athens Land Trust
Year Protected: 2015
Conservation Values: Preservation of outdoor recreation by the general public, the preservation of open space for the scenic enjoyment of the general public, watershed, and green infrastructure.
The Story: The City of Madison removed the development rights from both sides of Tanyard Branch by executing a conservation easement through the City’s Transferable Development Rights (TDR) program. Those TDRs were used to develop the LEED-certified Silver Lakes Senior Living complex.
Photo Courtesy of the Athens Land Trust
President's Park
Acres: 2.52
Easement Donor: City of Madison
Land Trust: Athens Land Trust
Year Protected: 2015
Conservation Values: Preservation of outdoor recreation by the general public, the preservation of open space for the scenic enjoyment of the general public, and green infrastructure.
The Story: The City of Madison removed the development rights from a linear urban greenspace by executing a conservation easement through the City’s Transferable Development Rights (TDR) program. Those TDRs were used to develop the LEED-certified Silver Lakes Senior Living complex.
Photo Courtesy of the Athens Land Trust
Confluence Preserved Forest
Acres: 809.19
Easement Donor: Anonymous
Land Trust: Oconee River Land Trust
Year Protected: 2014
Conservation Values: Preservation of open space, wildlife, water, and timber.
The Story: Situated at the confluence of the Hard Labor Creek and the Apalachee River, this farm is the largest single conservation easement in Morgan County. The landowner permanently protected 809 of the 909-acre farm, reserving 100 acres for future potential development. In the bottomland hardwood forests there are mayapples, trilliums, and a relatively rare spring ephemeral wildflower with variegated foliage and red to greenish-yellow flowers that are pollinated by flies and produce seeds that are planted by ants. There can also be found a spicebush used historically by Native Americans in cooking for its spice and fragrance.
Photo Courtesy of the Oconee River Land Trust
Sugar Creek Farm
Acres: 227.16
Easement Donor: The Pharr Family
Land Trust: Athens Land Trust
Year Protected: 2013
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: This working timber farm includes about a mile of South Sugar Creek, a tributary to Lake Oconee, Madison’s main drinking water source, and significant wildlife habitat. The Pharr’s are outdoor enthusiasts and have a deep appreciation for wildlife. In addition to the 75 acres of working timber they planted to add to the existing working pine forest, they planted several hundred Sawtooth Oaks – deer love the acorns. They managed the land for all different kinds of wildlife, planting persimmon trees and a variety of different food sources for wildlife, improving that habitat over many years. They enjoyed exploring their farm in their electric golf cart so they could quietly enjoy nature. Diane and Will wanted to ensure that future generations would have the same opportunities, so they donated a conservation easement, reserving two building envelopes for limited future development. Also allowable by the easement is the construction of agricultural/timber infrastructure (barns, fences, wells, roads, etc.), but the rest of the land cannot be subdivided and developed.
Photo Courtesy of the Athens Land Trust
Rattlesnake Ranch
Acres: 257.26
Easement Donor: The Hamilton Family
Land Trust: Athens Land Trust
Year Protected: 2013
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: The Hamilton’s family farm has been their oasis from the hectic Metro Atlanta for years. The site of one of Morgan County’s most famous natural landmarks, Balance Rock, Rattlesnake Ranch also includes over a mile of river frontage on both sides of Hard Labor Creek and a working pine forest. It is well managed for all kinds of wildlife. The family wanted to protect the land and ensure its future as an open space during their estate planning process: being able to pass the land down as a farm/ecological resource/recreation property to future generations was important to them.
Photo Courtesy of the Madison-Morgan Conservancy
Peacock Place
Acres: 95
Easement Donor: The Grizzard Family
Land Trust: Georgia Land Trust
Year Protected: 2012
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: The Peacock and Prior Families farmed this land for generations. About 70 years ago, after living on the land for years, the Nunn Family bought the farm to grow cotton, pecans, and corn silage for cattle feed. More recently, the farm was sold to new owners who continue to farm the land and who permanently protected the land by donating a conservation easement to protect prime agricultural soils and open space.
Photo Courtesy of the Madison-Morgan Conservancy
Verner Corner
Acres: 20.2
Easement Donor: The Verner Family
Land Trust: USDA
Year Protected: 2012
Conservation Values: Preservation of open space and grasslands.
The Story: This easement is different than most others in Morgan County. It’s a Grasslands Reserve Program (GRP) easement, which protects grasslands on working farms and ranches by limiting non-agricultural uses of the and through conservation easements. The GRP program through the Farm Bill has been rolled into the Agricultural Conservation Easement Program (ACEP), which protects agricultural viability and related conservation values of eligible land through conservation easements. The program pays easement donors 50% of the value of the easement. This easement is wholly within the Rivian site at the corner of Davis Academy and Old Mill Road and serves as a buffer from the Rivian site development.
Photo Courtesy of the Madison-Morgan Conservancy
c.1890 McLeroy House
Acres: 1
Easement Donor: Georgia Trust for Historic Preservation
Land Trust: Georgia Trust for Historic Preservation
Year Protected: 2011
Conservation Values: Preservation of open space, historically important land area.
The Story: The McLeroy House was saved from demolition by the GA Trust for Historic Preservation’s Revolving Fund, which purchased it from the owner. The building is a contributing resource in Madison’s Historic District and has since been rehabilitated for residential use by its new owner. The GA Trust for Historic Preservation’s Revolving Fund has protected 50 properties throughout Georgia since 1990 through their buy-protect-sell model, in which they purchase properties in danger of demolition, permanently protect the properties with conservation easements (also sometimes known as façade easements), and then sell the properties to preservation buyers who agree to rehabilitate the structures to a certain criterion by a certain time. With the help of the GA Trust, the Conservancy modeled its Endangered Properties Revolving Fund after this model.
Photo Courtesy of the Madison-Morgan Conservancy
Wayside Farm
Acres: 92.85
Easement Donor: The Rather Family
Land Trust: Georgia Land Trust
Year Protected: 2008
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: Atop one of the highest points in Morgan County and near the historic Malcom’s Crossroads, this conservation easement protects part of the historic Malcom Farm. Dan Rather bought his first piece of the Malcom Farm in the 1970s, as an escape from the hectic developer life in Atlanta. Over the years, he assembled a beautiful farm where he and family and friends would ride horses, fish, and float on the Miss Fit in Lake Malcom, have dove shoots, and generally relax and enjoy the outdoors. The Rathers also host the Conservancy’s annual Membership Supper at the barn at Malcom’s Crossroads and willingly share their part of the historic crossroads with family and friends. Dan donated this conservation easement to protect the historic viewshed along Fairplay Road and the agricultural nature of the crossroads. He also reserved one building envelope within the easement for limited future development on the 93 acres.
Photo Courtesy of Scott Finsthwait
Sunny Side
Acres: 10.19
Easement Donor: The McCauley Family
Land Trust: Georgia Land Trust
Year Protected: 2008
Conservation Values: Preservation of open space, wildlife habitat, and a historically important land area.
The Story: Sunny Side is a unique historic property that includes the c. 1831 Cox-Hanson-Ballard House and two original dependencies. Also extant are the foundations of the smoke house, kitchen, tenant houses, and barn that long ago were demolished. As current owners, the McCauleys consider themselves current stewards rather than owners of the property and voluntarily gave up the right to develop the property by donating a conservation easement, ensuring that future generations would also be able to learn from and about Morgan County’s history. The easement protects the historic development pattern of the property and allows reconstruction of buildings that can be documented to have been on the property from 1830-1910 and reserves one building envelope for limited future development.
Photo Courtesy of the Madison-Morgan Conservancy
Hundred Acre Farm
Acres: 86.53
Easement Donor: The Johnson Family
Land Trust: Georgia Land Trust
Year Protected: 2008
Conservation Values: Preservation of open space, farmland, forestland, wildlife habitat, and watershed.
The Story: Ellis Johnson grew up on a farm, and after he spent his career teaching aerospace engineering at GA Tech, he relocated to Morgan County to get back to his farming roots. He found one hundred acres for sale near Lake Oconee, bought it, and eventually named it Hundred Acre Farm. He loved the hardwood forests along the creeks, the meadow in the lowlands down by Lake Oconee, and the views of pastures, which he eventually leased for cattle. He saw how important the land was for water quality, wildlife habitat, and agricultural production, and permanently protected 86 of the 100 acres by donating a conservation easement. On the fourteen acres not included in the easement, he built the Farmhouse Inn and, with his wife Crystal, hosted many families and corporate groups on the farm. Crystal and Ellis also developed a trail system that winds throughout the property. Recently sold to new owners, Hundred Acre Farm continues to be protected by the easement (conservation easements are permanent and future owners must abide by the terms of the easement), which restricts subdivision and development of structures not related to agriculture.
Photo Courtesy of Scott Finsthwait
Goose Creek Farm
Acres: 299.17
Easement Donor: The Beauchamp Family
Land Trust: Georgia Land Trust
Year Protected: 2006-2011
Conservation Values: Preservation of open space, farmland, and wildlife habitat.
The Story: The Beauchamp Family purchased the first piece of this farm in the 1970s and continued to assemble adjacent pieces until the farm was 1,000 + acres. Escaping the stress of the Metro, Janet and Bob spent almost every weekend at the farm running cows, riding horses, managing timber, fishing in the lake, and walking the trails along Goose Creek. Now permanent residents at the farm, the Beauchamps have donated three conservation easements to protect the prime agricultural soils, watershed, bottomland hardwoods, and working forest. They reserved two building envelopes within the easements for their two children to build houses or for limited future development.
Photo Courtesy of Scott Finsthwait
Hwy 83 Viewshed
Acres: 3.32
Easement Donor: The Vason Family
Land Trust: Chatowah Open Land Trust
Year Protected: 2005
Conservation Values: Preservation of open space and viewshed.
The Story: This easement is unlike any other in Morgan County. It’s only 100-feet deep but runs an entire mile along Hwy 83, protecting the viewshed along that highly traveled state highway. Lee and Wayne Vason donated this easement to shield the public from whatever might get developed on the property in the future, providing a bucolic tree-lined vista along Hwy 83 just south of the I-20 Exit 113 interchange, where development will certainly occur.
Photo Courtesy of Scott Finsthwait
Vason Farm at Walton Mill
Acres: 253.38
Easement Donor: The Vason Family
Land Trust: Chatowah Open Land Trust
Year Protected: 2002-2005
Conservation Values: Preservation of farmland, forestland, wildlife habitat, and watershed.
The Story: Wayne Vason’s Family Farm was once part of the Walton Mill property, where his great-great grandfather acquired one of the first cotton mills in Georgia in the 1820’s and his ancestors grew cotton into the 1950’s. Today the farm includes Vason Lake (approximately 65 acres), hardwood forests, a rehabilitated historic barn used as a residence, old roadbeds, trails to walk, and canoes to paddle. The Vasons decided to donate two conservation easements to protect the conservation values of the land and to ensure their children and grandchildren (or someone’s grandchildren), would be able to benefit from those conservation values in the future. They reserved two building envelopes so their two children could also have a separate place on the farm and to ensure that most of the land would not be developed.
Photo Courtesy of Scott Finsthwait
Stagecoach House Garden
Acres: 0.5
Easement Donor: The Vason Family
Land Trust: Chatowah Open Land Trust
Year Protected: 2001
Conservation Values: Preservation of open space, historically important land area.
The Story: This is Morgan County’s first conservation easement. It was donated by Lee and Wayne Vason, founders of the Madison-Morgan Conservancy, to protect the historic context of the surrounding homes and gardens. The property was the Vason Homeplace, where Wayne grew up (he walked to school at what is now the Madison-Morgan Cultural Center) and includes a boxwood garden moved from Wayne’s mother’s house in Thomasville, GA. When it was time to sell the house, he was concerned about future owners subdividing the rear lot and building a new house that would be incompatible within the pristine historic district. So, he donated this easement to prevent that from happening.
This is the easement that started it all. From a half-acre in 2001 to 5,500 acres in 2023, Morgan County has been blessed by landowners who love their land, appreciate their historic places, and respect their community enough to voluntarily give up economic value for the good of the public and for the good of future generations.
Photo Courtesy of the Madison-Morgan Conservancy
What is a Conservation Easement?
A conservation easement is a voluntary legal contract between a landowner and a qualified organization (usually a land trust) which determines the use of the land in order to protect its conservation values in perpetuity.
Tailored to each property and to each landowner's needs, conservation easements are flexible tools. Landowners often protect a portion of their property (not all of their property) with an easement and retain the rest of their property for unrestricted use, sometimes even for development.
Conservation easements permanently restrict land, and those restrictions stay with the land forever. However, the landowner retains full ownership, is able to use the property (often for income-producing purposes), and can sell it or give it to heirs. The land trust or other qualified organization "holds" the easement in perpetuity and is responsible for monitoring its compliance.
In Morgan County, as of August 2023, conservation easements protect approximately 5,500 acres
Click the button above to view an interactive map from the National Conservation Easement Database (NCED), which displays conservation easements throughout the United States.
Conservation Purpose
Donating a conservation easement can result in significant tax incentives. The IRS has specific criteria for determining if a conservation easement qualifies as a charitable donation. Among those criteria is the requirement that the easement must advance a qualified "conservation purpose" which can include:
- the protection of a relatively natural habitat for fish, wildlife or plants
- the preservation of certain open space including farmland and forestland
- the preservation of historically important land area or certified historic structure
- the preservation of land areas for outdoor recreation by, or the education of, the general public
For more information, see Section 170(h) of the IRS code.
Tax Incentives
Federal Income Tax Deduction
The donation of a conservation easement to a qualified organization creates a charitable donation acceptable by the IRS (provided it meets certain criteria). The value of the charitable donation is equal to the difference between the appraised value of the property without the easement and the appraised value of the property with the easement restrictions. When donating a conservation easement, the landowner receives a federal income tax deduction for that charitable donation.
Currently, a landowner may use the charitable donation to deduct up to 50% of their Adjusted Gross Income (100% for farmers) and can carry forward any remaining deduction for an additional 15 consecutive years (50% of AGI for a total of 16 years).
Georgia State Tax Credit
Donating a conservation easement meeting state conservation purposes (different but similar to IRS rules) qualifies donors for a state income tax credit of 25% of the fair market value of the easement, up to $250,000 for individual donors and up to $500,000 for corporate and partnership donors. Donors have 10 years to use the credit. The Georgia State Tax Credit is transferable, so landowners who would rather sell the tax credit than use it themselves have that option.
Estate Tax
Upon a landowner's death, the appraised value of easement property for estate tax purposes would be reduced due to the land use restrictions, enabling heirs to retain more property. There are additional estate tax benefits under the 2031 exclusion.
Property Tax
The market value of a property protected by a conservation easement is reduced due to the restrictions placed on the property. In Morgan County, land protected with conservation easements is valued at roughly 40% of its market value, and then assessed at 40% of that reduced value. In other words, land in Morgan County under conservation easement is assessed at roughly 25% of market value.
Note: Every county tax assessor determines value differently.
Process
Executing a conservation easement takes time and a variety of resources. Please see the following for a reasonable expectation of the steps required for donating a conservation easement.
Determine what conservation values you want to protect on your land
- Decide what restrictions you would like to put in place on your land.
Find a qualified organization to be your conservation easement holder (usually a land trust, but could be your local government)
- Invite a land trust to tour your property to determine if an easement is appropriate (the land trust must determine if the property meets its criteria for accepting easements).
- Agree with land trust on final restrictions and get complete understanding of the process and benefits.
Consult your advisors
- Consult your legal and tax advisors.
Draft conservation easement doument
- Review and amend the easement document provided by the land trust with your attorney.
Prepare Baseline Documentation Report (BDR)
- Land trust prepares BDR (an assessment of the condition and features of your property at the time the conservation easement is created).
- Review and approve.
Hire a qualified Appraiser (certified to do conservation easement appraisal)
- Provide easement contract and BDR to your appraiser.
Obtain a qualified appraisal
- Appraiser certifies the diminution in value, which is your charitable donation.
Obtain title information, and if required, subordinate mortgage(s)
- Subordination requires negotiation with your lender.
Close the deal
- Sign the documents with the land trust.
- Record the Deed at Superior Court.
Monitor the conservation easement
- Land trust monitors the easement annually.
Why Conservation Easements?
People execute conservation easements because:
- They want to protect the conservation value of their property.
- They are interested in the resulting economic value associated with donating or selling conservation easements.
- Conservation easements provide permanent protection for some or all of their land, while allowing landowners continued ownership and use of their land, often for income producing purposes.
Easements can be used to protect all types of land, including:
- Farmland
- Working Forests
- Wildlife Habitat
- Wetlands, Streams, and Rivers
- Historic Structures
- Landscapes
- Scenic Views
- Recreation
Contact Us
Interested in learning more about conservation easements? Contact us! Since 2004, the Conservancy has been working with landowners and land trusts to protect the critical natural, agricultural, and historic resources in and around Morgan County. Over 5,500 acres have been permanently protected in Morgan County through this voluntary, private land conservation tool.
Executive Director: Christine McCauley Watts Email: cmccauley@mmcGeorgia.org
Program Director: Sandra Hall Email: shall@mmcGeorgia.org
Junior Conservancy Coordinator: Anna Nolan Email: anolan@mmcGeorgia.org
Office Phone: 706-818-8046 Office Email: info@mmcGeorgia.org
Mailing Address: P.O. Box 752 Madison, GA 30650
Physical Address: Seedhouse (pictured) 137 S. First Street Madison, GA 30650