- 30 - c. Conclusion The Senate report on the enactment of the legislation pertaining to conservation easements contains the following explanation: [T]he committee believes that provisions allowing deductions for conservation easements should be directed at the preservation of unique or otherwise significant land areas or structures * * * the committee bill would restrict the qualifying contributions where there is no assurance that the public benefit, if any, furthered by the contribution would be substantial enough to justify the allowance of a deduction. * * * [S. Rept. 96-1007, supra at 9-10, 1980-2 C.B. at 603.] With respect to the Grist Mill property, the record does not support a finding that any public benefit would be furthered by petitioners’ claimed13 conservation easement. We need not decide whether petitioner’s choice not to pursue a rezoning for more intense development was due to: The realization that the rezoning would not get approved, his business partner’s desire to quickly sell the property, or a desire to benefit the community. Here there has been no preservation of open space. Nor have petitioners preserved anything that is historically unique about the Grist Mill property or the surrounding historical areas. Petitioner simply developed the Grist Mill property to its maximum yield within the property’s zoning classification. 13In effect, petitioner was attempting to self-impose a limitation that was already imposed by the zoning classification and requirements of Fairfax County.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011