Elena inherited a 400-acre New Hampshire property enrolled in Current Use from her father's estate. She has no plans to develop the land but needs cash and is considering selling a conservation easement to a land trust. Her attorney advises her that granting a conservation easement will likely have a specific effect on the land's Current Use status. Which outcome is most accurate under New Hampshire law?
Correct Answer
B) Granting a conservation easement to a qualified land trust may allow the land to remain in or strengthen its eligibility for Current Use enrollment without triggering the land use change tax
Under New Hampshire law and RSA Chapter 79-A, granting a conservation easement to a qualified land trust (such as a 501(c)(3) conservation organization) is generally consistent with — and may actually strengthen — the land's eligibility for Current Use enrollment. Conservation easements permanently restrict development, which aligns with the open space and conservation purposes of the Current Use program. This type of transaction typically does not trigger the land use change tax because the land remains in a qualifying use. Elena may also benefit from federal income tax deductions for the donated easement value.
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