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5 N.H. L. Wkly. 1 (1978-1979)

handle is hein.barjournals/nhlw0005 and id is 1 raw text is: Volume 5, Number I, Page I ('opyright 1978 by New Hampshire Law Weekly Land Donations Reduce Client's Taxes By Jan McClure I.and Protection Staff Society for the Protection of New IHampshire Forests New Ilampshire attorneys specializing in real property and trust management should be aware of some new land protection techniques which will allow their client's, by donating interests in land, significantly to reduce their federal income, inheritance and gift taxes and in some cases, state property taxes. These new techniques also can help owners of large tracts of land resist financial pressures to develop thir property and offset the rising costs of land holding. The Society for the Protection of New Hampshire Forests is experienced in land protection and its economic ramifications for the landowner and is willing to aid attorneys in their choice and use of the methods available, some of which are briefly described here. 1. l)onation The most straightforward approach to land protection is donation to a landholding agency of all interest in a property which has significant natural resource value. The fair market value of such a gift to a conservation organization or municipal government is tax deductible. This deduction can be 30% (in some cases 50%) of one's adjusted gross income and may be carried over a total of six years or until the value of the gift has been used up. The land is protected in its natural state by the recipient. II. 'Land Value Transfer' Donated properties need not be of outstanding open space, forest or ecological significance. Frequently, properties are offered to the Forest Society which may be used best as residential, industrial or commercial land. Landowners may wish to donate the assets to us (while taking advantage of the tax deduction) as their contribution to our efforts, just as they might donate stock or securities. The Society, using its land value transfer technique, evaluates the property and sells it. In the transfer the land's natural features (which may be protected by deed restrictions) the community's needs, the donor's wishes and the Society's objectives are all taken into account and provided for. The revenue is used to finance other land protection activities. Ill. Conservation Agreement The Conservation Agreement, authorized by RSA 477:45-47, is another technique which has significant lax advantages for the landowner who wishes to retain ownership and control of his or her land. It is a legally enforceable two-party agreemet between a landowner and a conservation group or government body (the grantee) designed to maintain land and water areas predominantly in their natural, scenic or open condition or in agricultural, farming, open space or forest use (RSA 477:45). A donation is made (for which a tax deducction can be taken) of only a portion of the ownership righrs (i.e., development). Development is often restricted, and this restriction is part of the donation. The property is appraised before and after the agreement is executed to determine the donation's value. The landowner and his or her heirs or successors continue to use the land as before; it remains in private ownership although it's protected. The advantages of a Conservation Agreement are obvious. The landowner has made an important contribution to land conservation while maintaining ownership of the property. Besides federal income and state property tax advantages, heirs are more likely to be able to hold onto the property because estate taxes will be considerably reduced as a result of the decrease in the land's fair market value. If a Supreme Court A juvenile may be held in civil contempt by the superior court. In re ,Jane Doe, 6/8/78. Nil Legal Assistance and Peter .1. Leahy, guardian ad liteni, for .Jane Doe; Thomas 1). Rath, attorney general, and Richard McNamara, assistant attorney general, for the state. DOUGLAS, J. Petitioner is a 13 year old female who was the alleged victim of a statutory rape. The accused was brought to trial on June 5, 1978, in the Merrimack county superior court, and the girl was subpoenaed as a witness. A guardian ad litem was appointed to represent her. After being called to the witness stand by the state, the petitioner refused to testify. The attorney general granted her immunity and the guardian ad litem advised her that she had no legal right to refust to testify. The state called her as a witness, but still she refused to testify. The court declared a recess and petitioner was allowed to confer with her guardian. She was recalled to the stand and once again refused to testify. At this point, the court called a recess, took the petitioner into chambers, and explained the consequences of refusal to her. When petitioner again refused to testify, the court ordered her committed to the youth developrr nt center until she agreed to testify. The petitioner has brought this original habeas corpus petition by her guardian. This court dismisses the petition. Petitioner claims that a contempt proceeding against a juvenile may be conducted only in juvenile court. True, the juvenile court has jursidiction in the first instance over criminal proceedings against juveniles. This jurisdiction might mean that a criminal contempt charge against a juvenile may be heard only in juvenile court. However, whether that proposition is true gift is subsequently made, Lift taxes also will be reduced. IV. 'Bargain' and installment' Sales Bargain and installment sales also can be used to the advantage of both the landowner and the open space plans of a community. In a bargain sale, a partial donation is made for which the seller can take a tax deduction and because of which the buyer may be able to afford the property. An installment sale can decrease the seller's capital gain and also may enable the buyer to afford the piece by not having to pay for it all at once. Conserving our valuable natural resources through wise land use is becoming ever more important. Fortunately for us all it also can be economically beneficial for the private landowner. For more information about these and other land protection techniques contact Ron King, Ash Hallett or Jan McClure at the Society for the Protection of New Hampshire Forests, 5 South State St., Concord, Nil 03301. Summaries need not be decided now: the instant contempt is civil. It is remedial, coercive, and purgeable anytime the petitioner chooses to come forward and testify. That criminal contempt could have been imposed in the case at bar is irrelevant. The nature of a proceeding is determined not by what can appen but by what does in fact happen. A juvenile may be held in civil contempt by the superior court. Child custody relationship established by court decree will not be disturbed absent a change in circumstances. Findings of fact by a master are binding on supreme court if supported by evidence. Hallou v. Ballou, 6119/78. Cristlano, Kromphold & Green and Douglas Green for the plaintiff; )onald E. Reid, Jr., for the defendant. BOIS, J. In this petition for modification of a court decree plaintiff seeks custody of his minor child. Currently defendant has custody under a stipulation incorporated into the court decree that divorced the parties. A hearing was held before a master, who recommended that the petition be denied and that the state department of public welfare regularly check on the child and her home situation and report its findings to the superior court. A decree according with this recommendation was entered by the court below. Plaintiff a ppeals. This court affirms, with a recommendation that the court enforce its order regarding periodic checks and reports to it by the division of public welfare. A custody relationship established by a court decree will not be disturbed unless circumstances affecting the child's welfare have been so greatly altered that there is a Continued on next page Al T 9M~~i~ I July 5, 1978

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