Dear Mr. Premack: My wife and I have about 10 acres of land "in the country" (despite rapid development in the area). Rather than leaving it to family members when we die, we would like for the land to be left intact as a wildlife/nature refuge. Is it legal to leave the land without a living owner and let it be forever wild, or do I need to indicate in my Will that I want it to go to some charitable organization that will agree to this (or less desirably, to the government)? May I legally require that they never sell it and/or let it be used for anything other than a wildlife/nature refuge? -- WR

You want to control the uses for this land in a way that will preserve its natural state. While you are alive, you can do that with self discipline and rejecting any temptation to sell to the developers. But after your death, there must be legal restrictions which you have created if you hope to continue that control.

Simply leaving the land as an inheritance to your heirs in an unrestricted manner does nothing to guarantee preservation. A verbal commitment from them to treat it as a refuge is non-binding. You want legal restrictions that will last for years and will be legally enforceable.

One option is to place the property into a private irrevocable trust. The terms of the trust can prohibit its sale and can require the Trustee to use the land as a preserve. However, the restrictions must by law expire within a time frame set by the "rule against perpetuities" (a somewhat vague period likely to be no more than 100 years).

A better option may be to create a conservation easement, which has been defined by the Land Trust Alliance as "a legal agreement a property owner makes to restrict the type and amount of development that may take place on his or her property." A conservation easement runs with the land, so that the restrictions on future development bind any new owner. There is no time limit on the restrictions.

Under the Texas Natural Resources Code, a conservation easement can impose limitations on how the land may be used, and can impose affirmative obligations designed to preserve natural, scenic or open space values of the real estate.

You would never "leave the land without a living owner." Various charitable organizations have been created to receive and manage conservation easement on properties around the state and nation. The Bexar Land Trust is a local example; the American Land Conservancy or the Trust for Public Land operate nationwide. Some governmental agencies will accept easements as well, but that is not your personal preference.

If you grant the easement to such an organization then the land, subject to the non-development restrictions, can still be owned by someone in your family so long as their use of the land meets the restrictions. Designating the land to preserve natural habitat, for instance, might allow your family to use the land for recreational purposes.

You may also donate the land outright to one of the conservation organizations. If so, your family ceases having any rights in the land at the time of the donation. It would be dedicated entirely for preservation and conservation.

If you donate the land or a conservation easement while you are alive you may get some income tax benefits since the donation may be a charitable deduction. If you make the donation in your Will (to be effective upon your death) your estate may be entitled to some estate tax reductions.