by Thomas Palmer, Executive Director

On Tuesday, I will be speaking on the subject of historic conservation easements at “Financial Incentives for Historic Properties,” a day-long workshop on tax benefits for preservation work co-sponsored by Preservation Ohio and the Columbus Landmarks Foundation.

As you can imagine, easements have occupied my thoughts as of late as I prepared for this presentation. The attendees to the event will be diverse – including many to obtain continuing education credit for architects, lawyers and real estate professionals. And, as the event is taking place somewhere other than Cleveland or Cincinnati where historic conservation easements are better known, it is likely that for many this will be their first exposure to this important tool for preservation.

Two facts highlight the importance of historic conservation easements – also known as “preservation easements.” First, unlike the Federal Rehabilitation Tax Credit, the tax incentive for easement donation is equally available to owners of non income-producing properties – that is, your family home if you so choose. Second, and perhaps most importantly, they represent the only “slam-dunk” path toward preserving the historic resources of a given property, for many reasons:

• Placement on the National Register of Historic Places, or inclusion in a National Register Historic District, provides no protection against alteration or even demolition if federal funding is not used.
• While many Ohio communities have historic preservation or design review ordinances that provide protection, not every community has the resources to provide ongoing monitoring.
• Decisions of administrative boards can be appealed and can therefore have the potential to end up in politically-charged settings.
• Not all design review or historic preservation ordinances protect against demolition. Even if an ordinance protects a property, many ordinances allow for an economic hardship appeal, and the decision may be challenged legally on that basis.
• More than one Ohio community has actually rescinded a preservation ordinance.

Its little surprise that noted preservationist Arthur P. Ziegler, Jr. once said, “There are only two sure ways to save a building: you either have to own it or protect it through an easement.”

While the easement program nationwide has been in a state of flux over the last several years, some clarity is returning and the tool is again being used in many locations. Click here for an introduction to historic conservation easements on our website.

Photo: Pennsylvania House, Springfield - Preservation Ohio File Photo