2018 #COleg: Conservation easements on Sonnenberg’s radar during the session

Pond on the Garcia Ranch via Rio Grande Headwaters Land Trust

From The Fort Morgan Times:

The perpetual concerns over the way the state has handled conservation easements also was on Sonnenberg’s radar. There were five bills this year on that issue, including a sunset review of the conservation easement oversight board. The bill, which is awaiting a signature from the governor, made changes to the board, including requiring a conflict of interest policy that would disqualify from serving any member who has a financial interest tied to conservation easements. Sonnenberg initially won support for an amendment that would address one of the program’s most controversial problems: landowners who received conservation easements tax credits from the state and the IRS, only to have those state tax credits yanked away. Hundreds of Coloradans have complained that the appraisal process has been rife with problems.

Sonnenberg’s amendment would have allowed the landowner to take back clear title to the land placed under easement, with the understanding that they would have to pay back the federal tax credits. That amendment didn’t succeed but the bill does include a requirement that the board come up with a process for making that happen.

The oversight board was extended for a year, and Sonnenberg said that meant “we kicked the can down the road a year.” But he was pleased that lawmakers got a commitment from the Attorney General’s office that they would figure out a way to “extinguish” conservation easements that have been devalued. Sonnenberg said he will carry that bill next year.

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