By Jon Carroll
Growing up in Southwest Florida, one of the most memorable trips I ever took was a canoe and camping trip through the Ten Thousand Islands. Not only has the challenge of paddling against the current in the open gulf stuck with me, but so has the pristine beauty of the preserve. Florida is filled with many such areas of natural beauty. According to the Florida Department of Environmental Protection, in the 13 counties (including Bay) that border Florida’s “forgotten coast”, there are 10 aquatic preserves, 36 state parks, the Gulf Islands National Seashore and the 234,000-acre Apalachicola National Estuarine Research Reserve.
In addition to these large-scale preservation efforts, the Bay County Conservancy – The Land Conservancy of Northwest Florida, manages and owns approximately 409 acres across eight counties. The Bay County Conservancy is a land trust “dedicated to the preservation of environmentally sensitive lands in Northwest Florida.” But what is a “land trust? “
Florida Statute § 689.071 recognizes this distinct legal structure known as a land trust. This statute allows real property to be held by a trustee, while the beneficiaries retain control over how the property is used and managed. A land trust can be used for conservation purposes when voluntary restrictions on use are included within the trust agreement itself. For example, the trustee can be directed to prohibit subdivision, limit development, preserve timber resources, or maintain the land in its natural state.
Traditionally, an arcane legal principle called the Rule of Perpetuities (the bane of every law student’s real property class existence) limited the length of time a trust could exist to a “life in being plus 21 years.” Without getting into too many weeds, a basic land trust is not impacted by the time limits on a trust. However, even if a more complex land trust does trigger such a time constraint, the Florida legislature has significantly expanded the amount of time property can be tied up in a trust.
Land preservation efforts may involve combining a land trust for control and management with a conservation easement. Conservation easements are authorized under Florida Statutes § 704.06, and allow landowners to permanently limit development while retaining ownership and traditional uses of their property. Because these easements “run with the land,” they bind future owners and ensure long-term protection of the property.
A conservation easement does not mean land is forever locked away from all human use. Such an easement is designed to preserve the land’s natural or agricultural character while allowing continued traditional uses that are consistent with that goal. The statute expressly allows easements to be tailored. This means landowners can reserve rights such as hunting, fishing, timber harvesting, farming, ranching, and recreational use. In many cases, these activities are not only permitted but encouraged, so long as they are conducted in a way that does not impair the conservation values being protected. For example, a family may continue managing timber or using the land for seasonal hunting while restricting subdivision or commercial development. The key is that the easement defines what is allowed and what is limited, striking a balance between preservation and practical, ongoing use of the property.
Land trusts and conservation easements offer Florida landowners a way to preserve the character, beauty, and function of their land while still maintaining meaningful use and control. Whether protecting a family homestead, working timberland, or sensitive coastal habitat, these tools allow individuals to ensure that the landscapes we value most remain part of Florida’s story for generations to come.
Jon Carroll is a licensed attorney. The information in this column is provided for educational and informational purposes only, and does not constitute legal advice, nor establish an attorney client relationship. Consult a qualified attorney in your jurisdiction for legal advice specific to your situation.
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