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Jurisdiction · low risk · counsel priority 1

USA (Vermont first)

§ 822 qualified-holder requirement may force 501(c)(3) co-holder structure as precondition for recordability (not just §170(h) tax deduction)

Property mapping

In-gross conservation easement  ·  10 V.S.A. §§ 821–824 (Vermont Conservation Easements Act)

Recording office

Vermont Town Clerk (county-level recording)

  1. Vermont counsel drafts NRD-lite as in-gross conservation easement
  2. Reviewed against Vermont Bar Association land-records practice
  3. Recorded at Town Clerk office
  4. Mutation in town land records

Corporate wrapper options

  • Vermont LLC + 501(c)(3) co-holder (Landseed Conservation Trust)
  • Vermont BBLLC for Tier 2

Charitable structure

Affiliated 501(c)(3) (Landseed Conservation Trust) for §170(h) qualified-holder + § 822 holder eligibility

Income-tax deductibility

IRC §170(h) deduction available with affiliated 501(c)(3) holder

Crypto regulation

Federal commodity-framing under CFTC; state-level varies; cash-only default for Tier 1

Indigenous considerations

US tribal trust lands require sui-generis treatment per `03-jurisdictions/03-edge-cases-and-onboarding.md`

Risks

  • § 822 LLC qualification (high) — Vermont LLC may not qualify as conservation-easement holder; 501(c)(3) co-holder may be precondition
  • Perpetuity preference (moderate) — Vermont conservation easements typically perpetual; 99-year-with-reversion model may be incompatible
  • Town Clerk recognition (moderate) — Hash-incorporation-by-reference is novel; clerk may refuse first instrument