Ten years ago, the donation of preservation easements, otherwise known as façade or historic conservation easements, was a positive and effective method to preserve historic property. Easements were used across the country, and several individual cities and states used them extensively as a part of comprehensive preservation strategies.
Then things changed. As a component of a general attack against perceived abuses by charitable organizations, easements were challenged by the IRS in a number of different ways – the method in which transfer was made, the role of the organization receiving the donation, and particularly the valuation made of the easement itself.
Audits led to court decisions, and as a consequence the world of preservation easements has been largely on hold for the last several years as case after case has wended its way through layers of appellate courts.
This year, however, the tide began to turn with a decision by a federal appeals court in Washington, D.C.. The nature of this case, and the ramifications of the decision, are well profiled in a Forum Bulletin piece published by the National Trust for Historic Preservation (click here to read).
Preservation Ohio maintains the only active, statewide preservation easement program in Ohio, currently protecting properties in several Ohio counties. Click here for an overview of the benefits of easement donation.
