- 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
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