White Paper

9 Pages
  • 9 Pages

Perpetuity Restrictions on Use of Retained Interests

 

Understand the real property issues raised by conservation easements.

When it comes to a conservation easement, any interest in the donated property which is retained by the donor, per Treasure regulations is subject to legal restrictions that prevent uses of the retained interest inconsistent with the conservation purposes of the donation. This white paper reviews examples of the restriction and discusses valuation issues.

Agenda

Faculty

William R. Sylvester, Esq.

William R. Sylvester, Esq.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

  • Shareholder in the Birmingham office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
  • Fellow of the American College of Real Estate Lawyers (ACREL) and is active in local, state, and national bar associations
  • Has extensive experience in a wide variety of real estate-related transactions
  • Recently handled representation of a declarant in connection with the turn-over of powers to the residents in a neighborhood association with nine separate sub-associations; purchase and sale of unimproved real estate and interests therein; choice of entity considerations in the acquisition of real estate; negotiation and drafting of deal-specific provisions of partnership, limited liability company, and joint venture agreements; and representation of appraisers and donors in charitable conservation gifts of conservation easements of real property
  • Member of the American College of Real Estate Lawyers; American Bar Association, Real Property, Trust and Estate Law and Taxation Sections, and Forum on the Construction Industry; and Birmingham Bar Association
  • Listed in Mid-South Super Lawyers in Real Estate since 2016; Alabama Super Lawyers in Real Estate since 2008; Best Lawyers In America® since 1995 in the areas of real estate and tax law, and business organizations since 2016; and Chambers USA: America’s Leading Business Lawyers since 2010
  • J.D. degree, University of Virginia School of Law; M.S. degree in operations research, Georgia Institute of Technology; B.S. degree, cum laude and Phi Beta Kappa, University of Alabama
Timothy Wagner

Timothy Wagner

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

  • Associate in the Baltimore office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
  • Represents individuals and businesses in all aspects of tax controversy matters, as well as tax planning and general business advice; represents clients in federal and state tax audits, tax litigation, and federal and state tax collection matters
  • Advises and provides counsel on both foreign and domestic tax compliance, voluntary disclosure matters, excise tax issues, tax fraud, and other white-collar cases, as well as business organizations and corporate structures
  • As a certified public accountant with experience in public accounting, he is adept in handling tax controversy matters involving the Internal Revenue Service and Department of Justice, as well as state and local tax matters; recognized as a leader in tax and tax controversy matters, and he regularly speaks on these topics
  • Member of the American Bar Association; American Institute of Certified Public Accountants; Maryland Association of Certified Public Accountants; and Maryland State Bar Association, Business Section, Council Member – Tax Section
  • Named a Best Lawyers in America® “Ones to Watch” in Tax Law, 2021 – 2022; listed as a Maryland Rising Star in Maryland Super Lawyers, Tax, 2018 – 2022; J. Ronald Shiff Award for Academic Excellence, awarded for having the highest G.P.A. of students graduating from the University of Baltimore Graduate Tax Program during the 2014 – 2015 academic year
  • Certified Public Accountant, Licensed in Maryland
  • LL.M. degree in taxation, valedictorian, University of Baltimore School of Law; J.D. degree, summa cum laude and Staff Editor – Law Review, University of Baltimore School of Law; B.A. degree, Johns Hopkins University

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