Property II Professor Donald J. Kochan

1. Property IIProfessor Donald J. Kochan Spring 2009 Class 47 23 March 2009

2. Today’s Materials • Guest Lecturer: Professor Francine Lipman http://www.chapman.edu/law/faculty/lipman.asp • Please read: Francine J. Lipman, No More Parking Lots: How the Tax Code Keeps Trees Out of a Tree Museum and Paradise Unpaved, 27 Harv. Envt’l L. Rev 471 (2003) Which will be supplemented during class with a very interesting lecture and powerpoint presentation, with personal real-life experiences with these conservation easements. • Conservation Easements • Property Consequences • Tax Consequences

3. Guest Lecturer Francine J. Lipman Professor of Law Email: lipman@chapman.eduPhone: (714) 997-6705 Professor Lipman joined the faculty of Chapman’s George L. Argyros School of Business and Economics in 2001, where she has taught tax and graduate level accounting courses, has received awards for excellence in scholarship, teaching and research, and has been responsible for a substantial Volunteer Income Tax Assistance Program. Professor Lipman moved to the School of Law in 2003, while continuing to teach in the School of Business and Economics. Professor Lipman graduated from N.Y.U. School of Law with an LL.M. in Taxation where she was a Tax Law Review Scholar and served as a Graduate Editor on the Tax Law Review. She received her Juris Doctor from U.C. Davis where she served as Editor in Chief of the U.C. Davis Law Review and was a member of the Order of the Coif. Professor Lipman has an M.B.A. and is a C.P.A. licensed in California. Prior to entering academia, Professor Lipman practiced in the tax department of Arthur Young & Company and as an attorney with the law firms of O'Melveny & Myers LLP and Irell & Manella LLP. She has written extensively on tax and accounting topics for legal and accounting periodicals, including Wisconsin Law Review, American University Law Review, Nevada Law Journal, Florida Tax Review, Virginia Tax Review, Harvard Environmental Law Review, Harvard Latino Law Review, Harvard Journal on Legislation, The Tax Lawyer, The Practical Tax Lawyer, Taxes and Tax Notes. Courses Taught: Federal Income Taxation and Corporate Tax

4. Primary Reading Assignment Please download and read the FULL text from the following: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=438760 No More Parking Lots: How the Tax Code Keeps Trees Out of a Tree Museum and Paradise Unpaved Francine J. Lipman Chapman University - School of LawHarvard Environmental Law Review, Vol. 27, 2003 Abstract: Conditions are ripe for harvesting tax benefits provided to private owners of forest land. As our exploding population paves more paradise, government agencies provide economic incentives to motivate private landowners to engage in conservation activities. With real estate values escalating to unprecedented highs and individual marginal income tax rates and stock market values continuing to decline, now may be a fruitful time to capture inflated real estate values and enhanced tax benefits. This article analyzes five different tax incentives that Congress enacted to encourage forest landowners to engage in conservation activities. The tax provisions presented and analyzed are the reforestation expenditure amortization deduction, the reforestation tax credit, preferential treatment for gains and losses from timber sales and the conservation easement. The article concludes with a hypothetical example of how these tax incentives can mitigate the differences between a private landowner's economic interests and the public goal of preservation.

5. State of California Conservation Easements Registry • http://easements.resources.ca.gov/

6. Model Conservation Easement from the EPA • http://www.epa.gov/owow/nps/ordinance/documents/A2e-ModelLand.pdf

7. Historic Preservation and Conservation Easements from the National Parks Service please read: • http://www.nps.gov/hps/tps/tax/easement.htm

8. Selected Concepts for Discussion • Incentives • Eligibility Issues • Transactionally, how does the owner satisfy her preferences? • Who is the dominant and who is the servient? • Straw Man Issues • How do you make it run with the land? • Outcomes • Economic • Environmental • Taxation • Property Values • Ancillary positive externalities on contingent properties • Maintenance Obligations • Enforcement Issues/Monitoring Issues/Reporting Issues