Charles F. and Susan G. Glass - Page 39

                                       - 39 -                                         
          “relatively natural habitat” for a community of Lake Huron tansy,           
          of pitcher’s thistle, and of bald eagles, among other species of            
          plants and wildlife.  Each of the conservation easements will               
          therefore protect and preserve significant natural habitats by              
          limiting the development or use of the encumbered shoreline.17              
          By the same token, petitioners’ contributions of the conservation           
          easements operate to protect or enhance the viability of an area            
          or environment in which a wildlife community and a plant                    
          community normally live or occur.  Both portions of encumbered              
          shoreline also have natural values that make them possible places           
          to create or promote the habitat of Lake Huron tansy as well as             
          the habitat of bald eagles.  We hold that petitioners have proven           
          that their contributions of the conservation easements were for a           
          conservation purpose under section 170(h)(4), specifically,                 
          section 170(h)(4)(A)(ii).18                                                 
               We turn to the question of whether petitioners’                        
          contributions also meet the “exclusively for conservation                   
          purposes” requirement of section 170(h)(5).  We read that term to           
          place a focus on the contributee’s holding of a qualified real              


               17 We read sec. 170(h)(4)(A)(ii) to mean that the protection           
          of a relatively natural habitat of wildlife or plants, in and of            
          itself, is a significant conservation purpose within the intent             
          of the statute.                                                             
               18 On the basis of this holding, we need not and do not                
          consider petitioners’ other arguments that the conservation                 
          easements also meet the requirements of sec. 170(h)(4)(A)(iii).             




Page:  Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  Next

Last modified: May 25, 2011