Across Tennessee, estate planners are encountering a new reality: land that has been in families for generations is now worth more on paper than at any time in its history, and that value is increasingly driven by what can be built, not what can be grown or stewarded. For many clients, this creates a real tension. They want to plan responsibly for their heirs, taxes and long-term financial security, while still keeping the farm, forest and homestead intact. Increasingly, conservation easements are entering those conversations, not as an environmental statement but as a practical planning tool that can help families shape the future of their land.

Growth Is Changing the Math

Tennessee’s growth has pushed well beyond its major cities. Counties that were once unquestionably rural now sit within commuting distance of expanding metro areas. Land values have risen accordingly, and with them the pressure to sell for subdivision, industrial use or commercial development.

For estate planners, this shift changes familiar assumptions:

• The highest and best use of a property may no longer match family goals.
• Equal division among heirs can unintentionally force a sale.
• Property taxes and appreciation may outpace what farming or timber can reasonably support.

What once was “the family farm” is now often the most valuable and complex asset in an estate.

What a Conservation Easement Actually Does

At its simplest, a conservation easement is a voluntary agreement between a landowner and a qualified land trust that limits certain future uses of a property, typically development, while leaving ownership and day-to-day management with the family. The terms are tailored to each property and each family’s goals.

From a planning perspective, the key features are:

• The land remains privately owned and can be sold or passed to heirs.
• Farming, forestry, hunting and other traditional uses usually continue.
• The restrictions are permanent and apply to future owners.

Families pursue easements for many reasons — some personal, some financial, often both. Our role as a land trust is to help them understand what is possible; their attorneys and advisors help determine whether it fits within a broader estate plan.

Why Clients Are Bringing This Up More Often

We are hearing from three types of landowners in particular:

1. Legacy families who want certainty that the land will not be carved into house lots after they are gone.
2. Owners with multiple heirs who worry that differing goals will lead to a forced sale.
3. Families facing significant appreciation who are exploring options to manage future tax exposure without giving up the property today.

These are not abstract concerns. Many landowners have watched neighboring farms disappear in a single generation. They come to their estate planner looking for a way to balance fairness, liquidity and preservation of something that is more than a financial asset.

Where Estate Planners Fit In

Estate planners are often the first professionals to hear these worries. Long before a family contacts a land trust, they are asking their attorney:

• “How do we keep this a farm, forest land or 'untouched' after we're gone?”
• “Is there a way to treat the kids equally without splitting the property?”
• “What happens if the taxes keep rising?”

You are uniquely positioned to identify when a conservation easement might be worth exploring alongside trusts, LLC structures or succession planning. Even a simple question, “Have you considered whether you want the land protected from future development?” can open options a client didn’t know existed.

Importantly, considering an easement does not commit a client to anything. It is one tool among many, and it must fit within sound legal and financial planning. Our organization does not provide legal advice, but we regularly work with attorneys to supply information about how easements function, what restrictions are typical and how the process unfolds.

Planning Before the Pressure Mounts

The common thread in successful projects is timing. When families explore options early, before a health crisis, before a contract offer from a developer, before heirs are at odds, they have room to design a plan that reflects their values and financial realities.

Tennessee’s growth shows no sign of slowing. For estate planners, that means more clients wrestling with how to pass along land that has become both more valuable and more vulnerable. Conservation easements will not be the right answer for every family, but they are increasingly part of the toolbox that can help clients achieve two goals at once: responsible planning and a future for the land they care about.

MARK STEVANS is executive director of the Foothills Land Conservancy where he leads the organization in protecting East Tennessee’s working lands, wildlife habitat and scenic landscapes. He previously served as deputy director of the First Tennessee Development District, overseeing regional economic development, workforce initiatives and legislative affairs across eight counties. A graduate of East Tennessee State University and an Appalachian Regional Commission Leadership fellow, Stephens is committed to strengthening Appalachia’s economic and cultural future through conservation, collaboration and long-term stewardship.