Although some historic places are protected through their conversion into museums or public facilities, most of these are under private ownership and are under the threat of being lost or changed through demolitions, neglect, suburban sprawl, highway construction, and other forms of modern development. Many landowners realize the fact that change is inevitable and they try to ensure the continued protection of the historical heritage on their property through the use of Historic Preservation Easements. When the property owner signs up for a Historic Preservation Easement she donates the right to make development on the property that will alter the historical aspects of the property while retaining the ownership of the property. The protection of the property by the easement acceptor is in perpetuity such that even if the land is sold to another person the easement will still be in effect. The easement can also include the restoration of historical property if the need arises.
The Historical Preservation Easement can be tailored to suit the needs of the donor and in general several provisions are made in the easement to do with architectural protections, landscape and acreage, archaeology, and public access. Where architectural protection is concerned the donor will give up the right to develop the interior or exterior of the historic building or structure. Landscape and acreage provisions require the easement to allow enough acreage to be put aside for the preservation of the property’s historical heritage and it limits activities such as subdivisions as they can change the properties of the historical landmark. Soil disturbances and or erosion are not allowed on a property with an archaeological component. Public access may be permitted due to legislation, which calls for direct public benefit from the property if the owner is to benefit from the financial benefits of the donation; the easement acceptor however is responsible for the security of the place in the days when the public is granted access to the land.
Easement donors get some financial benefits from their donations; these benefits include the deductions of federal taxable income of up to 30%, the lowering of inheritance taxes and property taxes. The Historical Conservation Easements are also important to the community as a whole as they preserve the community’s heritage and pride. The preservation through the easement protects the architectural aspects of communities’ heritage, which include buildings and other structures and historic sites.
Although the state of Michigan passed the Conservation And Historic Preservation Easement Act in 1980, there is no evidence of its use in the Michigan state.3
Reference:
( a site showing extracts from the Act)
http://www.msue.msu.edu/msue/imp/modla/pa197001.html