Process for Donating an Easement

Process for Donating an Easement

Upon receipt of a completed Easement Application Form and application fee, staff will notify the owner and the easement offer will be placed on the next meeting agenda of the Easement Acceptance Committee (“EAC” or “Committee”).

The Committee will review easement applications in a two-step process. A complete easement application will be presented to the EAC at the first meeting, during which the EAC will consider:

  • whether the property meets the threshold requirements for participation in the easement program,
  • determine what additional information is required to fully evaluate the proposed easement, and
  • what issues must be addressed in order to make a formal recommendation to the Virginia Board of Historic Resources concerning acceptance of the easement.

Pending receipt of additional information and resolution of all identified issues, the EAC will again consider the proposed easement at a second meeting, at which the EAC may make a formal recommendation concerning acceptance to the Board.

Once the Easement Acceptance Committee recommends approval, the offer is presented to the Board for approval. The Board meets on a quarterly basis in March, June, September, and December.

After the Board formally approves the easement offer, the easement deed can be signed and recorded. This process takes an average of at least twelve months.

Steps to Conveying an Easement to the Virginia Board of Historic Resources

DHR Easement Acceptance Committee & Virginia Board of Historic Resources 2024 Schedule

Battlefield Properties:

Please use the link below to obtain a copy of DHR’s easement template for battlefield properties. This template is intended for nonprofit grantors and does not meet federal or state requirements for a federal deduction, or state tax credits as a charitable contribution of an interest in real property. As each property contains unique Preservation and Conservation Values, the easement language will be tailored to each individual property and the resources to be protected. Depending upon the nature of the transaction, additional restrictions and legal obligations may apply.

Revised Battlefield Template (Nonprofit)