CONSERVATION EASEMENTS |
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Land Conservation Menu: Model Projects, Options, & Opportunities
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What is a Conservation Easement?
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A conservation easement is the legal glue that binds a property owner’s good intentions to the land in perpetuity.
Pros & Cons of Conservation Easements
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Texas-based attorney, Jim Bradbury, and West Virginia University Law Professor, Jesse Richardson, talk details, pros, and cons of conservation easements. Check it out if you are interested in learning more about CEs and how they work.
Conservation Easements: What are They, and Could They be Right for You?
By Mark Steinbach, Ph.D.
August 25, 2021
August 25, 2021
The bulk of land and wildlife conservation in Texas falls to private landowners.
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Private land ownership has always been a distinguishing characteristic of Texas—from farms and ranches that have been in the same family for generations to recently purchased second homes in idyllic rural areas. Whatever the situation, many Texas landowners face the same dilemma: how do you ensure that the land you love looks the way that it does forever? Using a tool called a conservation easement, landowners can ensure that the integrity and natural condition of their land remains intact for generations.
CONSERVATION IN TEXAS With 95 percent of Texas (approximately 163 million acres) held by private landowners, Texas has far and away the most privately held land in the country—more than Montana, Kansas, and California combined. Unfortunately, we are also leading the nation in the amount of rural land lost annually to development. According to the Texas Land Trends from the Texas A&M Natural Resources Institute (NRI), over two million acres of agriculture land has been converted to some other use between 1997 and 2017, and 1.2 million acres have been lost in the last five years alone. Population growth in Texas means new residents need new homes to buy and apartments to rent, leading developers to covet the farms, ranches, pastures, and open space in proximity to metropolitan areas. This slow crawl of development and changing land use is imperceptible on a day-to-day basis but drastic over the long run. Relative to its size, Texas has very little land dedicated to conservation. The Texas Parks and Wildlife Department (TPWD) manages a little over one million acres in state parks and wildlife management areas (WMAs), and the remainder is split between the United States National Forest Service and National Park Service. This means the bulk of land and wildlife conservation in Texas falls to private landowners. Abundant opportunities exist for landowners to enact conservation measures on their land. There are several entities such as TPWD, USDA Natural Resource Conservation Service (NRCS), and Texas A&M AgriLife Extension which offer education, guidance, and programs to assist with conservation and management of natural resources. But what about protecting land as a whole? This is where conservation easements come into play. WHAT IS A CONSERVATION EASEMENT? At the most basic level, a conservation easement is a very specific deed restriction. The drawback of a deed restriction is that it can be undone by a future landowner. A conservation easement is a legal agreement between a property owner and a qualified conservation organization, such as a non-profit land trust, municipality, or governmental entity, which cannot be undone. When entering into this kind of legal agreement, the owner voluntarily agrees to restrict the type and amount of development that may take place on their property. This is possible since the development rights of property are similar to other property rights such as minerals or grazing, which can be leased, sold, gifted, or separated from land. A conservation easement is the legal instrument to separate development rights and have them held in trust for permanent protection. Conservation easements date back many decades in the United States, but they didn’t gain traction in Texas until the early 1980s. Today, there are almost 800 conservation easements in the state encompassing more than one million acres of protected land. The bulk of this work is done by a coalition of more than 30 land trusts scattered across the state. Land trusts are charitable organizations whose mission is land and water conservation. In total, these land trusts have conserved over 1.8 million acres of land through conservation easements, outright land ownership, and collaborative efforts with state and local entities. Some focus on geographic regions like the coast or ecosystems like |
prairies. Others, like Texas Land Conservancy, work at a larger scale across the entire state.
THE NUTS AND BOLTS OF CONSERVATION EASEMENTS What does enacting a conservation easement look like from the landowner perspective? Every conservation easement is customized to the landowner and the property. The traditional land uses including agriculture, hunting, and recreation are always allowed, unless the landowner has specific prohibitions they would like to enact. The landowner decides what limitations or provisions to protect on their property. For instance, if a landowner has an existing house on a property, but has two children, they might reserve the right to build two additional houses. Similarly, if the desire is to have no more construction on the property, a prohibition on future building can be added. Because the easement is permanent, it is imperative to spend time thinking about all the potential uses of the land, and it is a good idea to acquire counsel to help navigate the process. There are a few misnomers surrounding conservation easements. One is that the landowner loses control of the land, and the public has access. That is absolutely false. There is no public access granted. However, the holder of the conservation easement is required to make a site visit once a year to ensure the terms of the conservation easement are being upheld. This is a coordinated visit with the landowner’s permission. Likewise, a conservation easement is not foolproof protection against condemnation. They can be helpful but may not be able to prevent it. So why would a landowner voluntarily limit what they can do on their land? First is a desire to keep land the way it is now for future generations. Whether I’m working with a landowner whose history goes back 100 years on land or a new landowner, they all love their land. That love extends beyond their lifetime, and something they want to ensure future generations will enjoy. A conservation easement is an insurance policy to do just that. Second, there are financial benefits. I will assume that to all the readers of this magazine, it is obvious how valuable land is. Land values have seen an almost 300 percent increase in the past two decades, and the previous year has seen an even more dramatic increase in values. When a landowner places a conservation easement on their property, they are giving up certain development rights, and those rights have value. That value can be used as a tax deduction because land trusts are 501(c)3 non-profits, and the conservation easement is considered a charitable donation. An appraiser is required to determine the value of the contribution. Additionally, a conservation easement lowers the value of a property, which can be a beneficial estate planning tool related to lowering an overall estate value. If the idea of a conservation easement is intriguing, there are great resources through the Texas Land Trust Council, a statewide trade association for all land trusts. Typically, a landowner will visit with a couple of land trusts to gauge interest for a particular project and see if it is a good fit. On average, the typical conservation easement transaction takes three to six months to prepare the required documents and accomplish due diligence. I’m encouraged by the increasing trend among landowners using conservation easements resulting in a steady uptick in conserved land for future generations. I will close with a quote from Aldo Leopold’s Sand County Almanac, “Health is the capacity of the land for self-renewal. Conservation is our effort to understand and preserve this capacity.” By conserving private lands in Texas, we can ensure the health of our state and the preservation of our unique Texas character for generations to come. |
Fall Creek Ranch: Protecting A Legacy
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Joe and Karen Langdon are in the enviable position of living close to their children and five grandchildren. They all live on the family’s Fall Creek Ranch near Granbury in North Texas.
“Our kids have built-in babysitters, that’s for sure,” said Joe, with a laugh. “We sometimes take it for granted, but we know how fortunate it is to be in this situation and have our family so close,” added Karen. The ranch has been in their family for more than five decades, and the elder Langdons live in the original ranch house that was built in 1882. Their children built houses on the ranch to accommodate their growing families. The Langdon’s oldest son, Kit, and his wife Brianne are teachers in Granbury. The younger son, Kelly works for his parents and helps them manage the ranch with help from his wife, Kristyn. Kelly and Kristyn manage a wedding venue there, too. The ranch also supports cattle production and grazing, along with a hunting operation. In recent years, the family has watched with some trepidation as the population of Granbury and Hood County has exploded. According to Texas Land Trends data from Texas A&M’s Natural Resource Institute, the population of Hood County has grown by 70 percent since 1997, and land values have skyrocketed, with attendant increases in property taxes and other expenses. Anyone who lives in or has visited Granbury in recent years has certainly noticed the astonishing increase in traffic. “Astonishing is a polite word for it, in my view,” said Joe. “I’ve been around Granbury since the early 1950s, and I remember when there was just one stoplight and you couldn’t find a restaurant open on a Monday night.” As the population has grown and land values have increased, the Langdons have seen subdivisions spring up where there were once pastures, and more of their neighbors selling their property to developers, especially as land changes hands from one generation to the next. The search for more revenue streams to support their ranch is how the Langdon family ended up in the wedding venue business. “It was kind of happenstance,” said Kelly. “My cousin got married here about five years ago, and we cleaned out a barn to accommodate the wedding guests, more than 200 people from Houston. They absolutely raved about it, and that got the wheels turning on creating a venue.” They enclosed the barn, constructed a chapel and other facilities, built a website and began booking weddings and other special events. Business has been brisk, though COVID slowed things down a bit in 2020 and 2021. |
Over the last couple of years, Karen and Joe have been contemplating how they could protect the land in the years to come.
“We absolutely love this land, and we never want to see it developed,” said Karen. “We began exploring the idea of a conservation easement.” Joe and Karen witnessed firsthand what happens to family land when an elder passes on without making plans. Karen’s brother in Colorado married into a family that worked land near Fort Collins for generations. Many family members thought that plans had been made to keep the ranch intact. “After he was gone, they found out that he had not done that, and the land was divided up among many grandchildren and cousins, most who were not connected to the land anymore,” said Joe. “Much of the original ranch was recently sold. It was such a shame to see because there was so much history there.” As Joe and Karen explored whether a conservation easement might work for their family, they learned about the Texas Agricultural Land Trust (TALT). Joe and Karen are also members of the Texas and Southwestern Cattle Raisers Association, the Texas Wildlife Association, and the Texas Farm Bureau, which are the three organizations that came together to found TALT back in 2007. They invited TALT’s Executive Director Chad Ellis out for a visit, and that sealed the deal. “We’ve had a wonderful experience with TALT’s staff, from the very beginning,” said Joe. “They worked with us to be sure our needs would be met, and they were all so professional. It just gives us a feeling of confidence that they will be around for a long, long time.” The conservation easement held by TALT will forever protect 1,275 acres in Hood and Johnson counties in the Brazos River watershed. Fall Creek runs through the property with a waterfall area, which feeds the Brazos River downstream. The wetlands there provide habitat for a multitude of flora and fauna. The property has a high conservation value thanks to the multiple water features, regenerative grazing practices and management, and high-quality wildlife habitat. For Joe and Karen, the transaction eases their minds about what might happen long after they are gone. “We love this land and it is a relief to know it will be protected forever and will be here for our grandchildren and great-grandchildren to enjoy,” said Joe. “We’re hoping that at least a couple of them will want to work the land like we have. But even if they don’t, this place will remain intact, just as it is today, for generations to come. |
Spicewood Ranch earned a conservation easement.
(Courtesy Hill Country Conservancy)
Conservation Easement Awarded for More Than 500 Acres at Spicewood Ranch
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Thanks to a partnership between a Spicewood family and a local conservation nonprofit, more than 500 acres of environmentally sensitive Hill Country land will remain protected and undeveloped.
Hill Country Conservancy announced June 29 that a conservation easement has been granted for 561 acres of Spicewood Ranch—a property owned by Chris and Will Harte. Together, the Harte family and HCC will ensure the permanent protection of this land and its unspoiled landscape. According to HCC’s website, conservation easements are traditionally used to conserve land while still allowing landowners to retain ownership of the property and many property rights. “With over 95% of Texas’ land being privately owned, we are incredibly dependent on the efforts of stewards like the owners of Spicewood Ranch for their care of the region’s water resources, iconic Texas wildlife and our unique quality of life,” HCC Chief Conservation Officer Frank Davis said in a June 29 news release. Nestled in the Hill Country roughly 45 minutes from Austin lies Spicewood Ranch, a property lush with oak and ash juniper trees, wildlife, and freshwater springs. HCC referred to the land located within the Colorado River and Lake Travis watersheds as a shining example of a healthy ecosystem, but the property was not always as healthy as it is today. Roughly 50 years ago, Spicewood Ranch experienced overgrazing and severe erosion that threatened the property, according to a release from HCC. Over the next decade, the Harte family worked to restore the ranch’s |
strategy developed by biologist David Mahler with Environmental Survey Consulting.
The restoration project was championed by Chris Harte’s late wife, Kay Wagenknecht-Harte, according to HCC, and 47 years and 30 land acquisitions later, Spicewood Ranch has reached its size of over 1,100 acres. The family continued their environmental stewardship practices after Wagenknecht-Harte’s passing and eventually received the Lone Star Land Steward Award from Texas Parks & Wildlife in 2018 and the Travis Audubon Society’s Victor Emanuel Conversation Award in 2019. The protection of Spicewood Ranch is vital to the surrounding region, especially as the Austin and surrounding areas continue to see development growth and expansion, according to HCC. Roughly 595 plant species have been identified on the property and many wildlife species on the ranch have been designated by TPWD as “species of greatest conservation need.” The ranch is also home to three miles of Alligator Creek, which flows directly into Lake Travis, the primary source of drinking water for the city of Austin and surrounding communities. “I’ve wanted to protect Spicewood Ranch for decades, but only in recent years have we made enough progress with our restoration efforts, and with buying enough of the 15 or so parcels of land in this 561-acre easement to make it possible to protect a reasonable tract of land,” Harte said in the release. |
Demonstrating the Cascade of Steward
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Water is a cornerstone in supporting Texas’ rich array of landscapes, burgeoning populations and prosperous economy. Managing and regulating this valuable resource to ensure long-term, sustainable use is a top priority for state and local planners—however, it quickly becomes a delicate balance with consideration to ecological processes, natural disasters and general land/water ownership rights.
Former President Lyndon B. Johnson once said, “Saving the water and the soil must start where the first raindrop falls.” In Texas, 82% of the state’s landmass is classified as open space, and falls under the designation of privately-owned working lands, entrusting the majority of land (and everything underneath it, such as groundwater) management responsibilities in the hands of landowners. Employing strategies that safeguard working lands from future development and incentivize best management practices are key in protecting ecological benefits for all residents alike. Our latest Featured Map comes from a recent study by NRI, in collaboration with the Texas Water Resources Institute and Texas Land Trust Council, which examines the Texas Farm and Ranch Lands Conservation Program—a state-funded program that purchases development rights from interested and willing landowners through agricultural conservation easements. The map highlights the Dreamcatcher Ranch, located just half a mile from San Marcos city limits; situated in Hays County, one of the fastest-growing areas in Texas. |
Geographically, the ranch also falls within the Balcones Escarpment, an environmentally sensitive area that influences the water quality and quantity of the San Marcos Springs and the Edwards Aquifer Recharge Zone, feeding into many important water bodies on which residents in Central Texas from Austin to San Antonio depend. The waterways fed via this ranch provide critical habitat for multiple endangered aquatic species, such as the Texas blind salamander (Eurycea rathbuni). Very quickly we start to recognize how stewarding one patch of private land develops into this successional cascade of benefits building one after another well beyond one piece of land.
Check out the full report to learn more about the perpetual ecological and economic benefits these properties provide to the Texas residents. |
San Marcos River Foundation Completes 8-year Conservation Project
Sierra Martin | Managing Editor
March 30, 2021
March 30, 2021
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SAN MARCOS – In 2013, the San Marcos River Foundation (SMRF) purchased the 75 acre Geiger Tract to protect the area from heavy development that was planned along Sink Creek, which flows directly into Spring Lake.
As a result of SMRF’s purchase, the neighboring property, Windemere Farms, was bought from the previous owners by the Roberts family (aka Eden Farms). The Roberts family completed a conservation easement on over 200 acres of Windemere Farms in 2019, limiting impervious cover and preventing subdivision in the future. Last week, SMRF traded the Roberts family the 75 acre Geiger Tract for a new 75 acres that we are calling “Owl Bluff.” Upon closing, the Roberts family put a conservation easement on the Geiger Tract which the Colorado River Land Trust will hold. SMRF’s new property, Owl Bluff, is also located along Sink Creek and will have an additional conservation easement placed on it when SMRF sells this land to conservation buyers. These conservation easements limit impervious cover and dense development, which will ensure that stormwater recharges the Edwards Aquifer, preventing heavy runoff and helping to keep our springs flowing and clean. They also provide more contiguous land in the greenbelt loop around the city, providing a wildlife corridor in perpetuity. In addition to the exchange of the two 75 acre tracts, the Roberts family gifted SMRF a trail easement along Windemere Farms, which will connect Spring Lake Preserve to the city-owned Early Tract along a gorgeous hillside bluff. This was a missing link in the future trail around the City of San Marcos, and although we will have a lot more to do before it is open to the public, we are so happy to be able to play a part for future generations of trail enthusiasts. |
We are thrilled that the Geiger Tract is now conserved in perpetuity, and are so happy for the Roberts family for being the new owners.
Photos attributed to SMRF’s Facebook Page
The karst limestone recharge features on the Geiger Tract are protected by the conservation easement in perpetuity.
Photos attributed to SMRF’s Facebook Page
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Teresa Ohlrich Johnson and Rob Johnson placed their land in a "conservation easement" so Riley and their other descendants can enjoy the JO Ranch for years to come.
Comal County Ranchers Use ‘Conservation Easements’ to Save Property from Developers
One-year-old Riley Rooney is probably the biggest reason Teresa Ohlrich Johnson and her husband Rob Johnson converted 125 acres of their 130-acre Comal County ranch into a 'conservation easement' last year.
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In the decades to come, they want granddaughter Riley and their other descendants to enjoy the JO Ranch instead of counting the number of suburban homes crammed onto their land, located southwest of the Copper Ridge subdivision.
“Our property is right in the path of explosive development,” Rob said in an interview with MyCanyonLake.com. A conservation easement is a voluntary legal agreement that allows landowners to retain title and management of their property while forfeiting, donating or selling certain development rights to a land trust, according to the Texas Agricultural Land Trust (TALT), which oversees conservation easements. The legally binding agreements protect land in perpetuity from commercial or residential development, preserve habitats, and limit subdivision and fragmentation of the land. TALT said the JO Ranch has extensive rolling terrain with great views of the Texas Hill Country. It’s also located in one of the fastest-growing areas of the state. Texas A&M Real Estate Center says land values there have increased by 400 percent over the last several years. Experts say the JO Ranch could easily be subdivided to accommodate over 600 homes. Rob, Teresa and Kendall County rancher David Langford will talk about how they saved their properties from this fate during a presentation entitled “Saving Comal’s Rural Heritage” from 6 to 7 p.m. Tuesday, May 11 on Zoom. They’re the featured speakers at the monthly meeting of the Comal County Conservation Alliance (CCCA). The meeting is free and open to the public. To learn more, visit comalconservation.org. The landowners will share their stories about how conservation easements preserve family land and Texas’ ranching heritage. In the case of the Ohlrich-Johnson family, conservation easements also serve as a financial tool for planning to transition land to future generations or reinvest resources back into their operation. Teresa’s family was among the many German settlers who traveled from Germany with Prince Carl of Solms-Braunfels to found New Braunfels in 1845. Five generations of Ohlrichs lived on and farmed the ranch in order to survive. But over the last several decades, the Ohlrich property was divided among different factions of the family. Tracts of the original landholding were sold off. Teresa and Rob didn’t want that for their four children, who grew up a pasture away from their grandparents and enjoyed an idyllic childhood, according to information posted on TALT’s website. Rob said he wasn’t under any illusions about how future family members might view the land he’s lived on and loved for decades. He said it’s a “pipe dream” to think the very thing that unites families won’t become the very thing that divides them. “I see this all the time with families,” Rob said. “It’s a big thing.” “Getting the agreement” is tough. Protecting family land from future family differences and squabbles between siblings isn’t as easy as it seems, Rob said. |
He and Teresa are sole owners of the JO Ranch, which helped to eliminate at least a part of the headache of turning family land into a conservation easement. They only had to convince each other.
“If you have eight siblings, forget it,” Johnson said. Still, the process is complicated, and navigating its legalities requires attorneys, accountants and other experts whose fees quickly add up, he said. Elizabeth Bowerman, president of the CCCA, compares establishing a conservation easement to the process of buying a house. “But it’s not just a program for wealthy landowners, it’s a program for landowners who feel so committed to the land and the family heritage that goes with it that they want to make sure it is never broken up or developed, regardless of those who owns it in the future,” she said. “If they can’t afford it, there are usually grants and loans available through state-and-federal programs as well as private funding sources to help with these costs.” To get his conservation easement up and running, Rob met with Scott Haag, Comal County Commissioner Pct. 3, and appeared before the New Braunfels City Council. Appraisers had to legally determine the value of the property as it exists versus its value were it to be sold and subdivided for commercial purposes. To maximize the JO Ranch’s value for appraisal purposes, Rob even went so far as to briefly form a Municipal Utility District (MUD). “I did a lot of negotiating with a lot of people and I said no to a lot of people who wanted to charge me more than I was willing to pay,” he said. “There needs to be some forums or some opportunities for people to sit down and get an education (about the process).” The Johnsons reviewed a dozen or so conservation agreements created by other ranchers before filing their own 40-page document with TALT. Rob said there aren’t any firm guidelines about how to create a conservation easement. That’s one of the reasons he plans to speak at tomorrow’s meeting. His best advice? It’s for TALT. The organization needs to find a new name for conservation easements that makes the concept easier to understand and better describes its potential benefits. Rob said when he shares his vision with family and friends they have no idea what he’s talking about. Dictionary definitions aren’t helpful, as they generally describe an easement as the right to cross or otherwise use someone else’s land for a specific purpose. There’s another dictionary definition that might apply, though. The Oxford English Dictionary defines easement as the state of feeling of comfort or peace. “Time brings easement.” That’s exactly the kind of legacy Rob and Teresa Johnson hope to leave for Riley. |
Beautiful stream on D.K. Langford property: https://www.txaglandtrust.org/portfolio/laurels-ranch/
Once against, now David Langford is an advocate for conservation easements.
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David K. Langford loves the Texas Hill Country land that his family has cherished for five generations. His passion for the land has informed his career as a professional photographer, and he has been a tireless advocate for working lands conservation and private property rights his entire adult life.
He was among a small group of private landowners who got their heads together in the 1980s to form the Texas Wildlife Association (TWA) to raise the profile of private land issues in Texas. He served as Executive Vice President of the organization until late 2001 and shepherded the organization as it became one of the leading voices for private landowners in Texas. At one point in his TWA career, he was also one of the loudest critics of conservation easements. A 2005 trip to Billings, Montana for a meeting of the Partnership of Rangeland Trusts with his friend Blair Fitzsimons changed that. At the time, Fitzsimons was exploring conservation easements as a potential tool to stem the rapidly increasingly loss of working lands in Texas. What Fitzsimons and Langford learned in Billings was that conservation easements, properly used, could be a powerful tool for landowners to keep working family lands intact in perpetuity. That seminal trip ultimately resulted in the formation of the Texas Agriculture Land Trust (TALT) in 2007. In October 2020, TALT closed on a donated conservation easement on Langford’s beloved Laurels Ranch in Kendall County. Laurels Ranch is his family’s part of the historic Hillingdon Ranch, which has been in Langford’s extended family for seven generations. Langford’s wife, Myrna, his children and their spouses, and four grandchildren were all involved and on board with the decision that will forever affect future generations of their family. The easement protects 298.1 acres in one of the fastest growing areas in the country. According to the Texas Land Trends report from the Natural Resource Institute at Texas A&M University, more than a quarter-million |
acres of farms and ranches in Central Texas were converted to other uses between 1997 and 2007.
Laurels Ranch is home to numerous native and exotic species, including Rio Grande wild turkey, migratory waterfowl, native and migratory songbirds, and white-tailed deer. Exotic and non-native species of both plants and wildlife are carefully controlled. Block Creek runs through the property, together with numerous flowing springs, and all feed the Guadalupe River system downstream. “David K. Langford has been a leading voice for private land stewardship for decades,” says TALT CEO Emeritus Blair Fitzsimons. “Now he’s a leading voice for the value of a conservation easement for working lands. TALT is honored to play a role in preserving the legacy of his family’s land for generations to come.” Langford’s extended family is looking to him to share what he’s learned as he navigated through the easement process. Other members of Langford’s extended family own other parcels of land that once made up Hillingdon Ranch are likely to follow suit with an easement to protect more of the historic ranch. “I’ve unashamedly come full circle on the topic of conservation easements,” said Langford. “Today, I find myself extolling the benefits of conservation easements to my extended family and to anyone who will listen.” Langford believes that a conservation easement, properly executed, can build a retaining wall around a family’s land legacy. He cautions that it is not an easy process. “We have poured ourselves into this process for almost four years,” he said. “It is exceptionally challenging to predict what will be right forever. The Texas Agricultural Land Trust is our family’s partner in perpetual conservation. It is a voluntary solution that works for us.” |
Herff Farm:
https://www.txaglandtrust.org/portfolio/herff-farm/
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As executive director of the Cibolo Nature Center, Carolyn Evans is a steward of both the land and the legacy of Dr. Ferdinand Herff, a pioneering physician who was one of the first settlers in Boerne.
“Herff Farm not only represents our past, but our future,” Evans, who is a descendant of Herff, said. “It was the site of one of the first agriculture operations in Kendall County. Today, as an education center, it offers an opportunity to help modern Texans reconnect to the land and understand the complex, vital relationship between natural resources and our lives.” Under her leadership, the Friends of Cibolo Wilderness, Inc. enacted a conservation easement, held by the Texas Agricultural Land Trust, on the 60-acre farm located in the riparian area of Cibolo and Menger creeks. The landscape is classic, quintessential Texas Hill Country. The holding is the original homestead of Herff, a German immigrant who practiced in San Antonio, but maintained a second residence and thriving farm in Kendall County. Eventually, Herff amassed 10,000 acres of farm and ranch land. The property has been divided over time. “Conserving Herff Farm fits into the overall goals of the Nature Center,” Evans said. “We advocate for conservation. Now, thanks to our experience with a conservation easement, we have another land stewardship tool that we can share with landowners and the public.” The conservation easement is the pinnacle of a project that began in 1999 when the Nature Center staff board realized the property, which is directly across Cibolo Creek, was abandoned. Its location in proximity to the Nature Center and in the creek’s riparian zone made its acquisition a top priority. “The farm was ripe for development,” Evans said. “We knew a development would irreparably damage the watershed and the |
“Forever protecting this property and its history was the most generous gift we could give to the community and the region. I’m extremely proud that we accomplished this.” Carolyn Evans Executive Director Cibolo Nature Center overall atmosphere of the Nature Center and adjoining preserve.”As the board was working to acquire the property, the population of Boerne exploded, increasing by 87 percent between 1997 and 2014. As the population grew so did the demand for land pushing the price higher.
“The rate of fragmentation throughout Kendall County increased along with the population making our efforts even more urgent,” Evans said. “The board of directors went through hell and brimstone to raise the money to purchase the property.” Understanding the realities of the non-profit funding and the ever-rising value of land, the board wanted to protect their efforts. “Funding a non-profit isn’t always easy,” Evans said. “We knew that future generations of board members and staff might be tempted to sell off portions of the land to fund the work, but if Herff Farm disappeared one-quarter acre at a time it would change the character of the land—and dismantle 20 years of effort.” While protecting their efforts motivated the board to consider a conservation easement, it was the opportunity to protect the culture, the health and the history of the region represented by this land that prompted the board to engage in the actual process. “Enacting a conservation easement takes time, serious thought and soul searching,” Evans said. “You’re trying to look in the crystal ball and imagine what life will be like in the future. It can seem daunting, but what can be better than forever protecting a piece of land?” |
247 acres of the 5H Ranch in Bexar County is in a conservation easement.
Celebrate 2020 Conservation Successes! Texas Land Trusts Made Some Great Projects Happen in a Challenging Year
The 5H Ranch in Bexar County represents 247 acres of native grassland, interspersed huisache and honey mesquite woodlands, and containing two major water impoundments that serve as critical stopping grounds for migratory waterfowl. This beautiful property is now protected in perpetuity by a conservation easement that was acquired by Green Spaces Alliance in partnership with and utilizing state Texas Farm and Ranch Lands Conservation Program funding, as well as a transaction grant from the Texas Land Trust Council.
The Four Winns Ranch is owned by Buck Winn's descendants.
The Four Winns Ranch is owned by Buck Winn's descendants who recently chose to forever protect its history, culture and beauty with a conservation easement - held by Hill Country Conservancy, in partnership with the Natural Resources Conservation Service (NRCS). The 165 acre conservation easement ensures protection of the native wildlife inhabiting the property as well as water resources and historic features within the newly-designated Historic District. The Ranch is among the largest tracts remaining in the Wimberley valley, where suburban development and sprawl threaten sensitive water resources. The property is within the highly-sensitive Edwards Aquifer, fronts the Blanco River and boasts two miles of Pierce Creek, one of its major tributaries. Thus, preservation of Four Winns Ranch is critical to safeguarding clean drinking water for hundreds of thousands of Central Texans, now and well into the future.
The Nature Conservancy—Texas
Brown Ranch, Kendall County
TNC assisted the City of San Antonio with purchasing an easement on the 1,600 acre Brown Ranch, protecting bigtooth maple forest, miles of pristine creeks and springs, and the headwaters of Cibolo Creek - which flows downstream to other conservation areas in Boerne and San Antonio. The ranch represents a jewel of the Texas Hill Country and conserving it in perpetuity will preserve these incredible natural resources for generations to come.
Brown Ranch, Kendall County
TNC assisted the City of San Antonio with purchasing an easement on the 1,600 acre Brown Ranch, protecting bigtooth maple forest, miles of pristine creeks and springs, and the headwaters of Cibolo Creek - which flows downstream to other conservation areas in Boerne and San Antonio. The ranch represents a jewel of the Texas Hill Country and conserving it in perpetuity will preserve these incredible natural resources for generations to come.
Springs that Form Headwaters of San Antonio River Protected Forever
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Brendan Gibbons
July 28, 2020
July 28, 2020
The springs that form the headwaters of the San Antonio river will be forever protected from development, thanks to an agreement involving the Sisters of Charity of the Incarnate Word and Green Spaces Alliance.
On Friday, leaders of the Headwaters Preserve at Incarnate Word told the Rivard Report they had placed the 53-acre preserve north of downtown under a conservation easement. A conservation easement is a restrictive covenant that permanently bars construction, paving over natural surfaces, mining, or drilling on the land.
On Friday, leaders of the Headwaters Preserve at Incarnate Word told the Rivard Report they had placed the 53-acre preserve north of downtown under a conservation easement. A conservation easement is a restrictive covenant that permanently bars construction, paving over natural surfaces, mining, or drilling on the land.
The springs that form the headwaters of the San Antonio river will be forever protected from development.
Credit: Bonnie Arbittier / Rivard Report
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The Blue Hole is the largest of the artesian springs on the property that form the headwaters of the San Antonio River. Credit: Bonnie Arbittier / Rivard Report
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Windemere Farms, owned by Jason + Ashley Roberts
Local Family Dedicates Hill Country Land to Conservation
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SAN MARCOS, Texas – Jason and Ashley Roberts partnered with Colorado River Land Trust to protect their family ranch from future development in the rapidly growing area of San Marcos, Texas.
Riding horseback across the wide-open spaces of the Hill Country is one of the most iconic images of Texas.
Windemere Farms, located along the banks of Sink Creek in the city of San Marcos, is a pristine equestrian boarding and training facility offering dedicated care for horses.
When Jason Roberts and his family purchased the property, they knew it was a special place to not only operate a horse facility but also to allow the family access to the outdoors and riding horses.
As an integral part of their day to day lives, the Roberts family believed it was time to ensure the property would be protected for future generations.
Riding horseback across the wide-open spaces of the Hill Country is one of the most iconic images of Texas.
Windemere Farms, located along the banks of Sink Creek in the city of San Marcos, is a pristine equestrian boarding and training facility offering dedicated care for horses.
When Jason Roberts and his family purchased the property, they knew it was a special place to not only operate a horse facility but also to allow the family access to the outdoors and riding horses.
As an integral part of their day to day lives, the Roberts family believed it was time to ensure the property would be protected for future generations.
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Shield Ranch
Shield Ranch Working to Protect the Natural Wonders of the Texas Hill Country
The wide-open spaces of Texas are a gift to all who live here, but they're not a given. Ninety-five percent of the state is privately owned. This means that landowning families—working together with government, nonprofits, developers, and concerned citizens—play a crucial role in sustaining our most treasured natural environments.
At Shield Ranch, stewarding and protecting the Hill Country ecosystem is our solemn purpose. Located just 18 miles southwest of downtown Austin, we are a 6,800-acre family ranch established in 1938. Today, we are home to a mosaic of habitats, a diverse community of native plants and animals, and over six breathtaking miles of Barton Creek.
Through an evolving program of land management, unique nature immersion experiences, and conservation easements with the Nature Conservancy and the City of Austin, Shield Ranch offers something exceptionally rare in our rapidly urbanizing community—a truly wild place. Join us in making sure it stays that way.
Through an evolving program of land management, unique nature immersion experiences, and conservation easements with the Nature Conservancy and the City of Austin, Shield Ranch offers something exceptionally rare in our rapidly urbanizing community—a truly wild place. Join us in making sure it stays that way.
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530 acres of El Rancho Cima land in a conservation easement.
Nature Conservancy in Partnership with Hays County Aquires Over 530 Acres of El Rancho Cima
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With a majority vote by the Hays County Commissioners Court, The Nature Conservancy, in partnership with Hays County, closed on the acquisition of more than 530 acres of the historic El Rancho Cima on November 22. This represents a $13 million effort to safeguard an iconic piece of the Texas Hill Country.
The Hill Country Conservancy and the Edwards family of Cherry Springs Ranch in Spicewood announced the signing of a conservation easement on the 1,038-acre property that will protect many of its unique features such as this grotto. The Edwards still own the property and control access to it, but they agreed to certain management practices that conserve and protect it as well.
Courtesy photo
Edwards Family & Hill Country Conservancy Establish Conservation Easement
The Edwards family and the Hill Country Conservancy announced the conservation easement on September 24. Straddling the Burnet-Blanco county line, Cherry Springs Ranch has a range of landscapes, including lush, vegetated grottoes. Seventy-seven unique species of birds and 16 native wildlife species "of greatest conservation need" are found on the property. A species is identified as one of greatest conservation need based on declining populations and alarming rates of habitat loss.
The property even has dinosaur tracks. Texas historian and folklorist J. Frank Dobie once owned it before selling it to the Edwards family in 1958.
The property even has dinosaur tracks. Texas historian and folklorist J. Frank Dobie once owned it before selling it to the Edwards family in 1958.
San Marcos City Council Passes Resolution for Support of Emerald Crown Trail
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The San Marcos City Council voted 7-0 to pass a resolution for support of the Emerald Crown Regional Trail Proposal on Tuesday.
The Emerald Crown Trail is a proposed regional trail system that aims to connect Hays County cities and ultimately cities to the North and South. The project was developed through a collaborative effort between members of the San Marcos Greenbelt Alliance, Hays County, the City of San Marcos, the City of Kyle, the City of Buda, the Guadalupe-Blanco River Trust, the Meadows Center for Water and the Environment, the Hill Country Conservancy, Take-a-hike San Marcos and the Texas State University Geography Department with the assistance of the National Parks Services. |
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Sink Creek Community Forest Tract
Sink Creek Project Awarded US Forest Service Grant
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The City of San Marcos will receive a $423,500 grant from the United States Forest Service to fund the land purchase of the Sink Creek Community Forest Tract. This is the first Community Forest and Open Space Program grant awarded to a project in Texas.
The City purchased the 102-acre tract through a three-year lease with The Trust for Public Land in 2017 for a total purchase price of $1.27 million. City Council approved the lease-purchase agreement with the expectation that external funding sources would be sought to match the commitment of public funds.
The City purchased the 102-acre tract through a three-year lease with The Trust for Public Land in 2017 for a total purchase price of $1.27 million. City Council approved the lease-purchase agreement with the expectation that external funding sources would be sought to match the commitment of public funds.
Sink Creek recharge zone
Seventy-five Acres of Sink Creek Purchased
In 2013, the River Foundation purchased 75 acres in the highly sensitive Sink Creek recharge zone just above Spring Lake, the head of the San Marcos River.
The purchase was the culmination of several years of work with the landowner who was threatened with the use of eminent domain to create a roadway easement for large housing developments on either side. SMRF's purchase of the land will protect the area from over-development and limit
impervious cover.
With many caves and other recharge features, the property is critical for ensuring a clean and steady flow of recharge into the aquifer, lake and river.
SMRF is also encouraging other land owners in the area to consider land conservation easements and protections, and is helping to guide them through the process.
The purchase was the culmination of several years of work with the landowner who was threatened with the use of eminent domain to create a roadway easement for large housing developments on either side. SMRF's purchase of the land will protect the area from over-development and limit
impervious cover.
With many caves and other recharge features, the property is critical for ensuring a clean and steady flow of recharge into the aquifer, lake and river.
SMRF is also encouraging other land owners in the area to consider land conservation easements and protections, and is helping to guide them through the process.
Puryear Family Puts 423 Acres into Conservation Easement
On July 30th, 2018, Travis County and the Puryear family celebrated the closing of a real estate deal on their 423-acre historic ranch. The deal allows the Puryears to stay on the land, where their family has lived for 138 years. Hill Country Conservancy helped them to create a conservation easement that keeps the land from being developed in perpetuity.
Restored 5,500-Acre Ranch in Blanco County
The mission of Selah, Bamberger Ranch Preserve is to teach ethical land stewardship — by example and outreach. The ranch offers seminars for landowners and serve as a research lab for botanists, zoologists, and other scientists. They also provide nature camps and hands-on science classes for school children. The public tours and workshops attract birdwatchers, photographers, and animal and plant enthusiasts.
Protection of National Forest Lands by Texas Conservation Alliance
As part of our campaign to protect national forest lands, Texas Conservation Alliance built the support for designation of five areas in Texas’ national forests as wilderness areas, ended clearcutting on 200,000 acres of national forest land in Texas, and has been instrumental in obtaining special protections for tens of thousands of additional acres of forest.
San Antonio Creates Edwards Aquifer Protection Program
Edwards Aquifer provides San Antonio with an abundant source of groundwater. Rainfall enters the aquifer through fractures, caves, sinkholes and other features and replenishes the aquifer. However, rapid growth continues to impact the aquifer. The citizens of San Antonio have approved increases to sales taxes in order to purchase and protect lands over the Edwards Aquifer. Millions of dollars have been collected and used toward this effort to protect the aquifer.
Los Madrones Ranch Puts 396 Acres of Wildlife Habitat into Permanent Protection
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"Texas Land Conservancy recently completed the permanent protection of 396 acres in the Hill Country. The newly protected Los Madrones Ranch is a beautiful landscape of limestone bluffs, open pastures, and diverse woodlands located in Travis County along Hamilton Pool Road. The ranch has been in the same family for the last 40 years."
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Kirchoff Family Farm Restored to Prairie
The Kirchoff Family Farm supports reestablished grasslands in the fields as well as a dense, woody plant community commonly found in South Texas. The Kirchoff Family's "Farm to Native Prairie" philosophy is a working example of how native prairies will become invaluable as more landowners become interested in restoring their own lands to native prairies.
Coastal Prairie Becomes Wildlife Management Area
Over 15,000 acres of the Powderhorn Ranch along the Texas coast in Calhoun County, prime unspoiled coastal prairie, is now a state wildlife management area. The newest crown jewel in the Texas Parks and Wildlife Department (TPWD) system is the result of a unique conservation land acquisition coalition led by the Texas Parks and Wildlife Foundation (TPWF).
