What This Statute Says
Arizona lets landowners place permanent, voluntary restrictions on their property to protect its natural, scenic, agricultural, or historic character. The tool is a conservation easement. This section defines the key terms so everyone knows what a conservation easement is, what purposes it can serve, and who is allowed to hold one.
"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property.
A.R.S. § 33-271When This Statute Comes Into Play
The definitions matter most when a family is deciding how to keep land protected for the long term:
- A family wants to keep a ranch or farm undeveloped for future generations and grants an easement to a qualified land trust.
- A landowner donates a conservation easement to a charitable organization and claims the resulting income and estate tax benefits.
- An estate includes property with habitat, open space, or historic value that the family wants to preserve rather than sell to a developer.
What This Means for Arizona Families
A conservation easement is one of the few estate planning tools that lets a family keep land in the family while locking in how it can be used long after the current owner is gone. Because the easement is a recorded interest that runs with the land, it binds future owners, not just the person who signs it. That permanence is the point, and it is also why the decision deserves careful thought.
Donating a qualified conservation easement to a land trust or charity can also produce meaningful income and estate tax benefits, which is why it often appears alongside other charitable strategies. Our FAQ on the charitable remainder trust explains a related giving tool, and our glossary entry on encumbrances describes how a recorded interest like this affects title. Before placing a permanent restriction on family land, talk with an Arizona estate planning attorney so the easement fits the rest of your plan.