To what extent does the government get involved?
For the most part, these transactions are private agreements between property owners and qualified, private, non-profit organizations such as the Palmer Land Trust . The easement document is available to the public because it must be recorded in the Office Clerk and Recorder of the county where the property is located. When an easement is held by a land trust, the government is not involved in the monitoring or potential enforcement of the easement. To the extent that a property owner claims tax benefits, both the Internal Revenue Service and the Colorado Department of Revenue have the power to audit the transaction and challenge for the appraisal and the tax benefits claimed by the owner. In some cases, one or more levels of government are further involved through providing funds for the purchase of the easement (i.e., ‘purchase of development rights’). Nonetheless, for an easement donated to a land trust, governmental agencies are not involved in the monitoring or enforcement of a co
