The purpose of the Land Conservation Incentives Act is to encourage private landowners to be stewards of lands that are important habitat areas or contain significant natural, open space and historic resources by providing private landowners with incentives that encourage the protection of private lands for open space, natural resources, biodiversity conservation, outdoor recreation, farmland and forest land preservation, historic preservation and land conservation purposes.
History: Laws 2003, ch. 331, § 2.
ANNOTATIONSEffective dates. — Laws 2003, ch. 331, § 9 makes the act effective on January 1, 2004.
Conservation of land is a charitable use if conservation of the land provides a substantial benefit to the public and if the property is used directly, immediately, primarily, and substantially for conservation and the use of the property promotes the object or purpose of conservation. Pecos River Open Spaces, Inc. v. County of San Miguel, 2013-NMCA-029.
Conservation of land in its natural and undeveloped state generally benefits the public in the context of environmental preservation and beautification of the State of New Mexico. Pecos River Open Spaces, Inc. v. County of San Miguel, 2013-NMCA-029.
Conservation of land in its natural and undeveloped state is a charitable use. — Where plaintiff, pursuant to its corporate purpose to acquire vacant, undeveloped, and unimproved land in the vicinity of the Pecos River, to preserve the land it its natural state, and thereby to contribute to the preservation of the environment and the ecology of the Pecos River for the benefit of New Mexico and its citizens, acquired a tract of vacant, undisturbed land located near the Pecos River; the land contained significant natural, open space, and historic resources; plaintiff granted a strict conservation easement on the property to another corporation which prevented, in perpetuity, the development of the land; defendant had a policy of conservation of the Pecos River; and the conservation of the land conferred a benefit on the public, the conservation of the land conferred a substantial public benefit and constituted a charitable purpose that qualified the land for tax exemption under Article VIII, Section 3 of the New Mexico constitution. Pecos River Open Spaces, Inc. v. County of San Miguel, 2013-NMCA-029.