The use of Conservation Easements has become fairly prevalent in recent years, as a means of protecting and preserving unique attributes of property throughout Montana and the Rocky Mountain West. Essentially, a Conservation Easement is a legal agreement between a landowner and a qualified government agency or charitable organization, whereby certain types of development and/or activities are restricted on the qualified property. In exchange for donating an easement, the landowner has assurance that open space and resources will be protected on the land, and because the easement can be considered a charitable gift, State and Federal income tax and estate tax, as well as property tax benefits, may be applicable.

The easement is a voluntary grant by the landowner, and the easement restrictions must run in perpetuity with the land to qualify for potential tax benefits. Requirements for the easement generally dictate a combination of preservation of open space, protection of vital wildlife and fisheries habitat, as well as respective wildlife communities, and unique geographic resources. Conservation Easements are purely negotiable documents, and most grantees are somewhat flexible with respect to their requirements. In some cases, easements may be granted on only a portion of the property, rather than the entire ownership. In this scenario, gifting additional easements might be a possibility on other portions of the property by successive owners.