Form a group with other individuals and organizations that have an interest in preserving community-managed open space. This group can do the preliminary research and groundwork to determine if a land trust is feasible.
Step 1: Background Research
The first step is to determine if there already exists an agency or organization which can handle land preservation in your area. Before creating a new land trust, assess if there is the need for one and public support for its creation. It may be easier to work with an existing agency that can handle preservation of urban open space, rather than forming a new organization.
Learn about the current ownership of community-managed open space. Are key sites threatened by development? Do community groups have permission to use the land? What is the policy for the use of city-owned vacant land? Research the city and state government agencies involved in land use and the city's current policies and restrictions on public/vacant land. Learn about the city's long term development plans for vacant land by contacting your city's local planning commission. Research the history of critical community-managed open spaces in the city (i.e., how have they been preserved in the past).
Create a list of potential sites to preserve which are of importance to local communities and have a history of strong community involvement.
Identify the neighborhoods/communities in which these sites are located. Determine if there are non-profit organizations, city agencies or community development corporations within these areas that are interested in community greening, city revitalization and open-space preservation with which you could work. Find out if their goals are similar to those of the potential land trust and if they support the idea of a land trust.
If there is a need for an urban land trust in your area, the next step is to ensure that the community is educated about what a land trust is and the role that it can play. There may be misconceptions that need to be cleared up before a land trust could be formed. This can be done through "town-hall" meetings with local community groups and organizations. Make sure that you get feedback from the community about their ideas and needs. Make appointments to meet with local government representatives, city council members, members of the city planning commission etc.
It is critical to have the support of the community and local government in order to succeed. If this support is lacking, you may have to wait until there is more local interest or work on preservation of key sites through existing governmental agencies if these sites become threatened.
Step 2: Board Of Directors
Once you have determined that there is a need for an urban land trust and community support for its creation, the next step is the formation of a board of directors. During your conversations with local community and governmental organizations, you have hopefully identified strong supporters of the land trust who are active in the community. These individuals may make excellent board members.
Overall, the board should be representative of the community that you are serving and the members should be active in the community. Diverse professional backgrounds (i.e., from gardeners to local business leaders, members of government agencies, lawyers etc.) will allow the board to be more balanced. Board members who serve on local foundation boards or are active in corporate giving programs could offer excellent contacts for future fundraising.
After identifying individuals who are supportive of the land trust and willing to aid in its formation as board members, the newly formed board should meet to work mission statement of the group. The mission statement should be clear and reflect the goals of the group and the reason for its formation. This is a critical statement as it will be evaluated to determine if you meet the criteria for the IRS 501(c)3 designation as a non-profit, and may also be used for real estate tax exemption. The board should also work on the by-laws of the organization which will dictate the term length of officers, voting procedures etc. Election of officers will allow the group to begin the paperwork for becoming a legal non-profit entity.
Step 3: Incorporation
The major components of incorporation are: the name of the organization, its purpose/mission and the names of the four (number may vary in each state) incorporators. After the previous steps, this should be quite easy. There is a fee for incorporation which may vary by state.
STEP 4: IRS 501(c)3 STATUS
As a private organization, you can be tax-exempt under the IRS 501(c)3 designation. To apply for this designation, you must fill out the appropriate forms with the IRS. For more information, read the publication "Tax-Exemption Status for your Organization" on the IRS website. Note: This does not exempt you from real estate property taxes!
Step 5: Registration Statement For Charitable Organizations
In most states, if you wish to solicit donations you must register with the State Bureau of Charitable Organizations.
Step 6: Real Estate Property Tax Exemption
In many states, private, non-profit land trust may be exempt from real estate taxes. The board should decide if they wish to apply for this exemption with the city and/or state. Some land trusts pay city and state property taxes even though they may be exempt as a sign of support for the local and state government.
Step 7: Insurance Coverage
If possible, the board should carry Directors and liability to cover its board members. In addition, the land trust needs to carry property liability insurance on its holdings. You can contact a local insurance carrier or join the Land Trust Alliance, which offers reduced group coverage as part of your membership.
Step 8: Land Preservation Strategies
Early on, the board should determine the criteria for land acquisition and long-term preservation. In order for the trust to acquire a site, what are the requirements? For example, a site must be an active community-managed open space for X number of years or must be in a critical area etc. Environmental and legal considerations of a site must also be considered. The board should also consider what to do with preserved sites that no longer have local community support. For an urban trust, there may not be resources to maintain a garden or park that is not being used. Will the board give the land back to the city or state? Will the trust attempt to solicit interest in the site from the community? These details should be ironed out soon after the group's formation.
Step 9: Technical Assistance
Urban land trusts can play a critical role in the community by advising groups about their preservation options, and assisting community based organizations in dealing with vacant land. In many cases, a neighborhood group could take ownership of the land themselves, if properly advised. This would free up trust funds for larger acquisitions or maintenance of currently preserved sites. The Board should clarify the role that it will play in the community and the type of assistance it will offer to local groups.
Step 10: Annual Budget
Annual operating costs should be estimated based on staff, acquisition costs etc. The board should identify sources of projected income (contributions from the board members, donations from local businesses and corporations, grants from government agencies or foundations well as direct mail campaigns).
Step 11: Fundraising
The board should decide the manner in which they will raise funds (i.e. direct mail campaign, grants from foundations, corporate giving etc.) and begin working on this from inception of the group. However, the trust must have well, clear-defined goals in order to attract donors. Board members are an excellent resource for names for potential donors.
Step 12: Public Relations
It is important to get your message out to the community, local politicians and businesses. Look for opportunities to place meeting notices in newspapers, local libraries or bulletin boards. This is also a way to attract new board members or donors.
For more information, call Neighborhood Gardens Association, A Philadelphia Land Trust at (215)988-8797. Additional information is available from the Trust for Public Lands or the Land Trust Alliance.
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