IRC §170(h) · Before & After Methodology

Conservation Easement Valuation

Donated conservation easement valuations under IRC §170(h) — applying the before-and-after methodology to complex waterfront, agricultural, historic, and open space properties with the rigor the IRS demands.

The Assignment

Conservation Easement Appraisal Is a High-Stakes Discipline

The IRS has aggressively audited donated conservation easement transactions since 2016. A Qualified Appraisal that does not apply the before-and-after methodology correctly — or that uses inappropriate comparable sales, fails to account for the encumbering restrictions, or is performed by an appraiser without the requisite qualifications — will not survive an examination.

We apply the before-and-after methodology with documented comparable sales support for both the unencumbered and encumbered values. Our reports address the key IRS scrutiny points: highest and best use before the donation, the realistic development potential of the property, and the degree to which the easement restrictions affect marketable value.

William Martinez has the ASA designation and MRICS credentials, satisfying the Qualified Appraiser requirements under Treasury Regulation §1.170A-17.

What the Engagement Covers

  • "Before" value — unencumbered fee simple, highest and best use analysis
  • "After" value — encumbered fee, reflecting all restrictions in the easement deed
  • Donation value (before minus after)
  • Qualified Appraisal report format for Form 8283 attachment
  • Comparable sales analysis — documented, verified, adjusted
  • Highest and best use opinion — narrative and supportable

Property Types Served

  • Coastal and waterfront properties
  • Agricultural land and working ranches
  • Scenic and open space parcels
  • Historic properties and landmark buildings
  • Forested acreage and wildlife habitat
  • Urban infill with development restriction

IRS Scrutiny Context

Syndicated and abusive conservation easement transactions have been designated listed transactions by the IRS under Notice 2017-10, and are subject to enhanced IRS and DOJ enforcement. Individually donated easements face heightened scrutiny as well. The valuation report is the primary document under examination. We build reports that anticipate — not react to — IRS questions.

"The before-and-after methodology is straightforward in concept. The quality of its execution is everything."

Get In Touch

Planning a Conservation Easement Donation?

Early engagement — before the deed is finalized — allows the valuation analysis to inform the transaction structure. Contact us to discuss.

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