GUIDE TO LAND PROTECTION

When a property has an easement placed upon it, it can still be sold or transferred. The easement restrictions will still apply to the property and the new owner should be aware of those restrictions before agreeing to the purchase and willing to abide by them. A conservation easement may reduce the value of the property somewhat since there are limitations on how the land can be used. A conservation easement helps guarantee that your property will be protected well into the future.

What happens if I want to sell property with a conservation easement?

As a nonprofit organization that is recognized as a land conservation entity, OVLC is not permitted to pay above the fair market value for any land and doing so would jeopardize OVLC’s charitable status. The appraisal must be according to a set of uniform standards. OVLC relies principally on state agencies as sources of funding, but private sources are playing an increasingly important role. State agencies carefully review appraisals for accuracy before approving funding grants.

OVLC actively seeks to expand its conservation holdings. If a piece of land has high conservation values, OVLC will work to acquire the necessary funding. If you have an interest in protecting land in Ojai, please contact OVLC and we will be glad to look at the property’s location to determine whether funding is a possibility.

Will OVLC buy my land? How much will OVLC pay?

What if I’m not ready to leave my property?

Some landowners are ready to transfer ownership of their property immediately, particularly if there are tax considerations. Others may prefer to transfer ownership through their estate plans.

Learn more about our Legacy Giving Program.

In some instances, a life estate may be an option. A life estate is the right to live on the property until your death, or a specific time in the future, though you will no longer be the owner of the property. Life estates may offer an immediate tax deduction when the gift is made while retaining the right to continue to live on the property.

How does an acquisition work?

Land is donated or sold to OVLC in its entirety just like any standard real estate transaction (known as “fee simple”). In other situations, a conservation easement may be conveyed to OVLC, who then has the right to monitor and enforce the conservation terms that the landowner has agreed to. Conservation easements are permanent and can only be amended if they pass a strict “test” of the circumstances.

OVLC is happy to accept property which may not meet current conservation criteria but may have potential for other uses or be sold to fund our conservation work. There are many ways to support OVLC through property donations.

In a purchase or donation of an entire property or a conservation easement, it is common practice to appraise a property to determine fair market value. This allows the landowner to file for an income tax deduction if they donate their land in whole or in part. These transactions may also reduce other tax liability, such as property taxes and capital gains taxes. You should consult with a tax advisor or attorney to understand what tax deductions you may be eligible for and what may work best in your situation. If a property is sold to OVLC, an appraisal will be required as discussed below.

Key priority lands include those that:

Are adjacent to existing preserves to increase habitat range and connectivity, particularly for sensitive, threatened and endangered species and communities

Protect sensitive riparian areas along the Ventura River corridor and its tributaries, such as San Antonio Creek. Lands within the floodplains of the river and its tributaries, or which offer potential for groundwater recharge to increase long-term water supply, are of particular interest for their benefits.
Lands that improve climate resilience such as north-facing slopes that remain cooler in extreme climate conditions, providing a refuge to wildlife and plant species.
Working farmlands that help define the rural character of the Ojai Valley.

Protecting these spaces that increase resilience will ensure that our community, including wildlife, can continue to thrive for generations to come.

What if I only want to transfer part of my property?

Ventura County has a special allowance for conservation subdivisions, which lets landowners subdivide their lot to create a separate parcel for donation or sale to a conservation organization like OVLC when subdivision might otherwise not be allowed. This option can give a landowner the opportunity to donate or sell off a portion of land that is not needed, which can reduce property taxes, capital gains taxes, and estate taxes. It can even provide opportunities for a land buyer to purchase a property with the plan to later donate or sell a portion to OVLC, so conservation planning can offer many options that benefit both landowners and the organization.

What lands is OVLC interested in protecting?

In the face of a changing climate, OVLC has developed a strategic plan to secure a more resilient future for the Ojai Valley. By protecting key natural spaces that define our community, we are also improving our resilience to the changing conditions spurred by climate change. Natural lands offer some of the best opportunities for adaptation and mitigation of these effects, providing buffers that reduce their impacts and provide refuge for both plant and animal species.

Please contact the Executive Director (executivedirector@ovlc.org or (805) 649-6852 x 1) if you have a property that you would like to have considered for preservation in perpetuity.