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Landowner Services

Easement Advisory & Credit Sales

For the landowner, the ultimate financial return you receive from the sale of your land preservation tax credits may depend on decisions you make in the initial easement creation process.

Atoka has a proven history of assisting and completing conservation real estate projects in a timely manner to ensure that financial and conservation goals are accom­plished. A conservation easement is a contract between a landowner and a land trust to protect the natural, scenic, historic, or open-space features of the property. Other than the rights restricted in the easement deed, the landowner continues to own and use the land. An easement donation is a complex process that can take a few months but typically a year to complete.

Atoka Conservation Exchange will work with you, your professional advisors and your land trust to facilitate the process. Each easement is unique and somewhat negotiable depending on which holder you choose. You pay us nothing for our services until you receive money from the tax credit sale.

Our advisory process:

• Property Visit - We visit your property to evaluate and catalogue the property's natural, historic and other unique conservation features including wetlands and waterways.
• Understanding Your Goals - Atoka identifies your conservation and financial goals in order to work towards a balanced approach for the short and long term. We will guide you in choosing the land trust best suited to your individual needs.
• Advisors and Appraisal – Atoka takes an integrated and team approach with the region's most respected appraisal, legal and accounting firms to provide a quality professional experience and high easement integrity. Choosing a qualified appraiser is an extremely important decision. The appraisal will dictate your financial returns as well as be the major source of IRS or Commonwealth scrutiny in case of an audit. Atoka can help you choose wisely.
  • DCR Approval - Department of Conservation and Recreation approval is required for donations that are expected to generate tax credits of $1 million or more.
• Easement Donation – Upon your satisfaction with the easement deed negotiations and appraisal quality and amounts, the easement deed will be finalized and signed by you and the holder and then recorded in the juris­dic­tion where the property is located. The appraiser will then finalize the appraisal report for your distribution.
• Registering Your Credits - Once your easement is recorded and your appraisal completed, Atoka will assist you in registering your tax credit with the Tax Depart­ment. The Tax Department will issue you a LP number for your tax credit. Registration can take a minimum of two weeks or much longer later in the year.
• Credit Listing Agreement - To sell some or all of your tax credits, you will sign a Credit Listing Agreement giving Atoka the authorization to sell your credits to third party buyers. Your credit will be placed in our queue of credits marketed and sold on a first in, first out basis.
• Completing Credit Sales - To complete the transfer or sale of your credits, the purchasers will submit their checks to Atoka for clearance and you and the purchasers will enter into a Tax Credit Purchase Agreement. Upon completion of the transfer, Atoka will record the transfer sales with the Commonwealth and distribute copies of the executed paperwork (including a check to you the seller) to all parties.