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Massachusetts Form 8283: What You Should Know

Land conservation easements under the Act of Jan. 4, 1833, ch. 35, 26 Stat. 542 (Massachusetts) which gives legal title to the remaining unused right-of-way and/or right-of-way easement (from the prior use of the property) under which the remaining easement can be acquired under the “conservation easement” statute. The title to the additional land (from the easement land) was held in trust by the heirs. When the easement is sold to a third party (i.e., a farmer/landowner) at a price on that land that exceeds the fair market value of the easement land (a “fair market value” is the greatest of the present value on the easement land and the cost of developing and developing the easement) a. the donor(s) of the easement are deemed to have given notice of such sale to the Secretary of State on or before October 3, 2007, who shall forward the notice to the Commissioner of Taxation who shall give notice of such sale to the donors of the easement in a manner and within a time after which(s) as the Secretary of State may prescribe in writing, or b. if the donation is on land held in trust by the donor(s), the notice of sale to the contributors of the easement. For a donation of 5,000 or more and the donor(s) is deemed to have given the Secretary of State notice of sale (see note above) and to have given the notice under the law of the Commonwealth of Massachusetts and/or has designated the Secretary of State on or before October 3, 2007, to give notice of sale to the donors of the easement This form is filed on or before December 31 each year. Form 8283: Charitable Contributions Section A. On Nov. 11, 2006, the parties to the gifts of the easement described in Code Section 5-1-5, Massachusetts General Law Section 59E, donated to the town in a sum of 5,000. The total value of the easement was 51,950. The donors named on Form 8283 are to report the donation on the appropriate line “Donations for Mass Land Conservation Law Easement Conservation Easement” under Schedule A. Section B.

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