Senate panel presses sponsor on reauthorizing Georgia conservation tax credit amid appraisal and oversight concerns

Representative Cannon presented the bill to reauthorize the Georgia Conservation Tax Credit and described it as a modest, targeted program to keep working forest and farmland in conservation. “It reauthorizes conservation tax credit for another 5 years through 12/31/2031,” he told the committee, and said the proposal would cap credits at $500,000 for individuals and $1,000,000 for partnerships.

The measure drew detailed questions about how donated-property value would be determined. Senator Billy Hickman cautioned that “fair market value needs to be fair market value of the farmland, not a what-if situation,” pressing the sponsor and counsel on whether appraisals would reflect current use or speculative development. Representative Cannon and other proponents said appraisals would be performed by certified appraisers and that the bill requires third-party review to reduce the risk of hypervaluation.

Neil Fleckenstein of Tall Timbers Research Station and Land Conservancy, an accredited land trust, told the committee federal action has already constrained abusive transactions. “The Conservation Easement Integrity Act, which was passed in, I believe, January 2022, essentially stopped the use of hypervaluation on syndicated conservation easements,” Fleckenstein said, and added that accredited land trusts are subject to rigorous standards that limit the kinds of syndicated deals that triggered past abuses.

Committee members also pressed the sponsor about which state body would verify appraisals. The bill shifts some certification duties and contemplates a third-party reviewer such as the Georgia Real Estate Commission, rather than the State Properties Commission. Trevor Santos of the Department of Natural Resources told senators DNR “does not have a position on the bill, but we do have some thoughts and some resources that would be needed,” and warned the department would need additional staff and contracted certified appraisers to administer an expanded program.

Senators expressed competing priorities: several said they want to protect working farmland and forest and guard against hypervalued syndicated easements that prompted federal scrutiny in prior years. The committee paused the item to obtain clarifications from legislative counsel and DNR; no final committee vote was taken on the reauthorization during this meeting.

The committee sought follow-up on the appraisal-language revisions, the proposed administrative plan for oversight and whether federal relief or other programs overlap with the bill’s intended beneficiaries. Sponsors and witnesses indicated a willingness to work with senators on cap levels and procedural safeguards before the measure returns to the committee.