Working Land Conservation Easements
OAT protects farmland primarily through working land conservation easements. These are voluntary agreements with landowners that remove development rights while allowing them to retain ownership and continue farming and ranching. Easements provide immediate financial benefits and tax incentives, can help farmers plan for succession or expand their operations, and make the land more affordable for future farmers. Completing an easement is a long, careful process, often taking up to four years, but it ensures permanent protection for working farms.
Easement FAQs
How do working land easements work?
Working land easements allow farmers and ranchers to:
Permanently protect their land from development and fragmentation
Continue agricultural and forestry production
Get cash from their real estate without selling off or developing parcels— this can be helpful for succession planning or business expansion.
Reduce the property value, making it more affordable to the next generation
How much is an easement worth?
The value of an easement is the difference between the property’s value now (with all existing development rights) and after the easement (without the development rights you’ve removed). For example:
Can I still own and sell the property, or give it to my heirs?
Yes! A working land conservation easement is like a utility easement in that it doesn’t take away your ownership of the land — it just limits the use of the property. You can still sell the land and use it in any way that isn’t prohibited by the easement.
What development rights are on Exclusive Farm Use zoning in Oregon?
While Oregon’s land use program slows the pace of development, it does not completely prevent the development of ag land. For example, ~60 non-farm uses are allowed on land zoned for Exclusive Farm Use without permits, including 7 ways to build homes, aggregate mining, etc. Working land easements remove the development rights that you want to remove from the property.
Can I or the next landowner terminate my easement?
No, OAT’s promise to you and to our funders is to enforce easements in perpetuity.
How do I know the land will stay protected forever?
Easements are recorded and are legally binding on all future landowners. Additionally, easement holders like OAT are bound by our mission and the conservation easement to protect the land forever.
Instead of conveying an easement, can I donate my entire property?
Yes! OAT accepts donations of agricultural land. If it is economically viable for production, we will either put an easement on it and sell it to a farmer or rancher at ag value or lease it long-term to a farmer or rancher. Land donations are also eligible for tax deduction.
