The terms of the easement do not in any way negate or modify state or federal law. Specifically, a conservation easement cannot prevent condemnation. Montana law authorizes the grant of conservation easements to qualified private organizations. It requires that the county planning authority review the easement and give non-binding advice about the easement s effect on the county s comprehensive plan, if one exists. Finally, the law requires that the deed of conservation easement be duly recorded.
Federal law governs only the tax treatment of a conservation easement as a charitable gift.
The easement must be granted to a qualified organization. The easement must prohibit all surface mining. Resource data documenting the conservation values of the property must be collected prior to donation of the easement. Once the decision has been made to donate a conservation easement, the landowner and the Montana Land Reliance agree on the specific terms of the easement. MLR prepares a resource report to document the condition of the property at the time the easement is donated.