Has your family spent generations working on your farm? For many families, a farm is more than just soil or a source of income—it’s a way of life. Unfortunately, tax concerns, increasing development, and succession questions can threaten what you have worked so hard to build.
At Borakove Osman LLC, we help Wisconsin farmers use agricultural land trusts and conservation easements to protect their farms. Our legal team works with farmers to protect their land from future development, allowing them to keep the land in their family and production.
Whether your farm is in Dane County, Madison, or any of the nearby communities, we are here to help you understand how agricultural land trusts can be helpful in long-term farm and estate planning strategies.
Why Work with Borakove Osman, LLC?
Because we speak your language. Attorney Shayna W. Borakove has a strong background in family dynamics and the management of farming, including protecting family farms and the farm succession process. We work with farmers across Madison and Dane County to:
- Protect their land from development
- Secure tax advantages without giving up control of their farm
- Create a legacy for generations to come that they can be proud of
At Borakove Osman LLC, we bring deep local knowledge and a sincere commitment to helping you make values-based, sound decisions. We offer a wealth of experience in farm-specific estate planning. Attorney Shayna W. Borakove is recognized as a Super Lawyer, and Attorney Peter C. Osman is a member of a nationwide network of top estate planning attorneys.
Contact Borakove Osman LLC to schedule an initial consultation with a Dane County Agricultural Land Trusts attorney.
What Is an Agricultural Land Trust and Why Does It Matter
An agricultural land trust is a nonprofit organization that partners with landowners to preserve farmland for agricultural use, permanently. Ensuring the land for a family farm is never used for a subdivision or commercial development is important to many families in Dane County, Madison, and surrounding areas.
Agricultural land trust organizations do not take over family farms. Instead, they work with farmers to establish long-term protections for the land, typically by using conservation easements. The farmers still own the land, farm it, and can sell it in the future. However, the protections from development remain in place, ensuring the land will not be developed into a subdivision someday.
Wisconsin is a national leader in farmland preservation. There are more than 40 land trusts throughout the state, including respected local organizations such as Groundswell Conservancy and Gathering Waters.
How Agricultural Land Trusts and Easements Work
The idea behind agricultural land trusts is simple. They limit development rights, preserve farmland, and support the long-term viability of agriculture. Three elements of agricultural land trusts are:
Conservation Easements
A voluntary, legal agreement between the farm owner and a land trust. The farm owner retains ownership of the land and continues to operate it as a farm. However, they agree to limit the future development of the land, typically for an indefinite period. Each easement is tailored to the farm owners’ goals.
Purchase of Development Rights (PDR)
In some situations, a farmer may be eligible to sell their development rights to a land trust or government program. They are paid to protect their land while retaining ownership of the land and their farm.
Restricted Deeds
Restricted deeds may be an option for some farmers. Limits are placed directly in the deed. This option is less common but can be effective in some situations.
Why Many Wisconsin Farmers Choose This Path
Farmers are turning to land trusts because they offer flexible, sustainable ways to plan for the future. Some reasons farmers may consider an agricultural land trust include:
Preserve the Family Farm
Land trusts ensure the land remains available for farming for future generations, even if the ownership changes. It provides a way for farmers to think about the future, rather than just focusing on today.
Tax Savings and Financial Incentives
Depending on the structure of an agreement, a farmer may be able to reduce federal income taxes by donating a conservation easement. There could also be estate tax reductions for passing the land to your children and grandchildren. State tax credits and local grants may be available, particularly through programs such as the Dane County Farmland Preservation Plan.
Support for Local Agriculture
Preserved farmland supports the entire ag economy. Land trusts help maintain the rural character of our communities and make it easier for future generations of farmers to keep farming.
How Borakove Osman, LLC Helps: A Practical Legal Partner for Land Preservation
When you hire our South Central Wisconsin estate and business planning law firm, the process typically involves:
- Begin with a conversation to learn about your family, farm, goals, and programs you may be considering.
- Help you connect with local land trusts by identifying groups that may align with your mission and goals, such as Gathering Waters and Groundswell.
- Coordinate due diligence, including arranging for and reviewing land appraisals, title checks, and environmental reviews.
- Negotiate and draft an agreement for an agricultural land trust and/or conservation easement to ensure it is legally sound and tailored to your family’s needs.
- Finalize and record the documents for the easement or restriction so it becomes a part of the legal chain of title for the land.
- Provide long-term support for ongoing reporting and stewardship.
Our Dane County agricultural land trust lawyers do not believe in a one-size-fits-all plan. Instead, we work with you to develop a personalized plan tailored to your needs. The legal approach we craft for you will reflect the unique characteristics of your land, family, and long-term goals.
Local Programs That Make A Difference
If you farm in Dane County or the Madison area, you are in one of the best regions in the country for farmland preservation support. The Dane County Farmland Preservation Plan offers:
- State income tax credits
- Matching funds for easement transactions
- Guidance through every step of the application process
We stay current with the latest updates and can coordinate directly with the county and relevant nonprofits.
Common Questions About Agricultural Land Trusts
Frequent questions Dane County agricultural land trust attorneys receive include:
Can I still farm the land?
Yes, you can still own the farmland. Easements are designed to preserve agricultural use, not eliminate it. Farming is encouraged.
Can I still sell the land later?
You maintain ownership and can sell or pass the land down, but the agreed-upon restrictions remain in place for future owners.
What if my kids do not want to farm?
Even if your children do not want to farm, land trusts help ensure that the land is passed on in a responsible and sustainable way. Selecting these options can help reduce estate taxes in the process.
Is this more beneficial than placing land in a traditional trust?
They serve different purposes. We often use land trusts in conjunction with revocable living trusts or LLCs as part of a comprehensive strategy to protect the farm and family wealth.
Schedule a Consultation with Our Madison & Dane County Estate Planning Attorneys to Talk About the Future of Your Wisconsin Family Farm
Legal paperwork is not the most rewarding or exciting part of farming, but it’s critical to protect what you’ve built for your family. The good news is that you do not have to navigate the legal aspects of protecting your farm alone.
At Borakove Osman LLC, we help farmers understand their options, connect with trusted land trusts, and handle the legal details. We protect your family and your farm. Every family farm tells a story. Make sure yours keeps going.
Contact us today to schedule a consultation with our Dane County agricultural land trust attorneys. We’ll help you explore how an agricultural land trust can support your vision for your land and your legacy for your family.