By Tabitha Evans Moore | Editor & Publisher

LYNCHBURG, Tenn. — Moore County boasts some of the most beautiful rolling hills and farmland in all of Tennessee and on Tuesday, local landowner Todd Jennings appeared on the agenda of the February 3 Metro Planning and Zoning meeting to outline how conservation easements can be used to permanently protect farmland and open space while keeping property in private hands.

Todd, along with his brothers, Walt, and father, Buford, actively protect their family’s 180-acre Rock Creek Farm on Countyline Road with a conservation easement with the Land Trust of Tennessee. It’s a contract the protects their land from development indefinitely, even if ownership changes. The farm is listed as a Century Farm in Tennessee, which must establish 100 years of continuous agricultural production.

“That farm’s been in my family since 1894,” he explained. “And we’re very pleased that it’s now protected and it’ll be in our family until somebody sells it, but even then, it will still be a farm.”

Jennings spoke about his family’s experience working with the Land Trust, a nonprofit organization that facilitates voluntary conservation easements across the state. He emphasized that easements are not a transfer of ownership, but a legal agreement that limits future development of land in perpetuity while allowing owners to continue farming, selling, or passing property to heirs.

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Protect the land “in perpetuity”

“In perpetuity” became a central theme of Jennings’ presentation. Once placed under a conservation easement, land remains restricted forever, even if it changes hands. Jennings said his family made the decision intentionally, viewing it as a long-term commitment to preserving agricultural use and scenic character.

Conservation easements, Jennings explained, are entirely voluntary and customizable. Landowners work with a land trust to determine which portions of a property are protected, what types of structures are permitted, and how many additional residences — if any — may be built in the future. Agricultural operations, barns, and related structures are generally allowed, while uses such as mining or large-scale development can be prohibited.

Jennings noted that conservation easements can also include protections for waterways, riparian buffers, and scenic viewsheds, as well as limitations on road construction and utility infrastructure. While an easement cannot stop eminent domain, he suggested it can complicate or discourage large infrastructure projects by clearly establishing conservation priorities.

“This won’t erase what can happen with an eminent domain,” he explained. “But it’s my view that a conservation easement can muddy the water enough for somebody to want to take a different route.”

He also addressed common questions about financial implications. While no cash changes hands, placing land in a conservation easement reduces its appraised development value. That reduction may qualify as a charitable contribution for federal income tax purposes, spread over multiple years. Jennings said recent state legislation may also offer financial assistance to offset legal, surveying, and appraisal costs, though those rules are still being finalized.

“There are title searches that must be done. There are surveys that must be done. There is legal work that has to be done, as well as appraisals. Not every land appraiser can do this work. I think there are only five firms in the state qualified to do it,” he explained.

Jennings pointed to Williamson County as an example of how conservation easements can coexist with strong property values, noting that protected land often increases the desirability of neighboring properties. He said homes adjacent to permanently protected land frequently command higher prices due to guaranteed open space.

As part of the program, land trusts conduct annual monitoring visits to ensure compliance with easement terms. Jennings said his family welcomes the visits and views them as a safeguard rather than an intrusion, emphasizing that landowners retain full ownership and control within the agreed limits.

Jennings framed conservation easements as an expression of private property rights rather than a surrender of them. By deciding in advance how land may be used, he said, landowners remove uncertainty about future development and reduce pressure on local governments to regulate land use after the fact.

“I know there are conversations about AI facilities and other developments, that are decisions I don’t think this board’s anxious to make. If private landowners make that decision for themselves, it takes that burden off you all,” he said nodding toward the Commission.

He concluded by encouraging local officials to help distribute information about conservation easements, suggesting that broader participation could reduce land-use conflicts and ease the burden on planning boards faced with controversial development proposals.

If you’d like more information about the Land Trust for Tennessee, you can visit their website. •

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