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organization”; and (3) the contribution is “exclusively for
conservation purposes.” Sec. 170(h)(1); see also sec. 1.170A-
14(a), Income Tax Regs. To be a qualified conservation
contribution, all three requirements must be met.
A “qualified real property interest” must consist of the
donor’s entire interest in real property (other than a qualified
mineral interest) or consist of a remainder interest, or of a
restriction granted in perpetuity concerning way(s) the real
property may be used. Sec. 170(h)(2). A restriction granted in
perpetuity on the use of the property must be based upon legally
enforceable restrictions (such as by recording the deed) that
will prevent uses of the retained interest in the property that
are inconsistent with the conservation purpose of the
contribution. See sec. 1.170A-14(g)(1), Income Tax Regs.
A qualified organization is defined in section 170(h)(3) and
a contribution is made “exclusively for conservation purposes” if
it meets the tests of section 170(h)(4) and (5). This
requirement has two parts. First, a contribution is for a
conservation purpose if it: (1) Preserves land for the general
public’s outdoor recreation or education; (2) protects a
relatively natural habitat of fish, wildlife, or plants, or
similar ecosystem (the natural habitat requirement); (3)
preserves open space either for the scenic enjoyment of the
general public or pursuant to a Federal, State, or local
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