Sometimes owners of conservation-worthy land are reluctant to make a gift of that land to a non-profit organization, such as their alma mater.  Their conern is that the non-profit will be bound by its fiduciary responsibility to sell the land at fair market value, even if that means the land might someday be developed. A solution to this situation is for the private owner to first donate a conservation easement on the property to a land trust or to an appropriate unit of government, and then to donate the fee interest in the land to the charity (or charities) they wish to support.

Here is an example of such an arrangement as reported by the Partnership for Philanthropic Planning:

“Dr. Herald Nokes and his wife, Donna, donated 1650 acres of their forest land in central Idaho to the University of Idaho by placing a conservation easement on the land in favor of the Idaho Department of Lands, and then donating the fee title to the University subject to a retained life estate.  Total value of the gift was just under $11 million.  UI will use the property as an outdoor classroom/laboratory and for field research.  Ongoing selective harvesting of the trees will provide a continuous source of revenue to help underwrite the maintenance and use of the land.” 

I’m aware of a New England  family who decided to first gift a conservation easement on their farm to a local land trust, generating a tax deduction of over $1 million.  They then gifted the fee-restricted land to the husband’s alma mater, generating an additional charitable contribution of over $2 million.  Had they donated the land unrestricted to the college their total tax deduction would have been about the same, but they wouldn’t have had the satisfaction that the land would be forever protected from development.  The College, on the other hand, received a gift of land worth over $2 million which they were able to market to a farm family looking for expansion agricultural land. The College would never have received a gift a tall were it not for the conservation easement.

The Land Trust Alliance reports that there are currently at least 1700 land trusts in the country.  These land trusts, in addition to  units of government, can hold conservation easements. Properly structured, the use of conservation easement can enable gifts and land protection that meet the objectives of all involved.

For information on how Bidwell Advisors can help address your land conservation issues, click here.

I attended a recent meeting of the Planned Giving Group of New England in Boston. It was “Real Estate Theme Day” at PGGNE, with presentations on real estate gifts by a team from the University of Pennsylvania, and by Harry Estroff, Real Estate Gift Manager at The Nature Conservancy. Coincidentally, on the same day, my colleague Chase Magnuson was presenting on real estate gifts at the National Capital Gift Planning Council in Washington, DC. Chase joined the development staff at George Washington University to develop a comprehensive real estate gifts program for the University, drawing on his background as founder and principal of Real Estate For Charities.

In February, I’ll be presenting at PGGNE on Real Estate Gift Basics.  I’ve also been asked to make presentations on real estate gifts in the coming months at the Chicago Planned Giving Council, the Minnesota Planned Giving Council, and the Greater Cincinnati Planned Giving Council.

Why all the attention to real estate gifts?

Here’s my short list of reasons that development offices across the country are turning more of their attention to real estate gifts:

1. There is growing awareness of the dramatic success of some real estate gift programs. For example, The Nature Conservancy has generated $300 million in real estate gifts (this doesn’t include gifts of conservation land) since 1982.
2. Some charitably –minded donors want to proceed with plans to make gifts, but are cash-strapped and don’t have much in the way of appreciated securities, so are turning to the real estate portion of their balance sheets to make gifts.
3. More and more property owners, particularly aging property owners, are finding the continued ownership, management and carrying costs of property – especially second, third or fourth homes – are more burdensome than enjoyable. They are thus quite interested in ways of disposing of their property with as little hassle as possible.
4. Some property owners are wary of the process of marketing their properties in volatile times. They are therefore more inclined to gift the property, letting the charity undertake the marketing process.
5. More financial advisors, as well as gift planners, have become knowledgeable of the range of real estate gift structures and how they can be helpful in addressing the retirement planning, estate planning, and charitable objectives of the families they work with.

Research and anectodal reports point to one marketing theme that tends to work better than all others when it comes to attracting gifts of real estate to a non-profit organization.  It isn’t an emphasis on the tax deductions that can be generated by real estate gifts. And it isn’t an appeal to the wonderful mission and good works of the organization.  

What is it? It’s an appeal to the fact that many aging property owners find the continued ownership and management of properties (especially second or third or fourth homes) burdensome and worrisome.  

Such property owners are often eager for ideas on low-hassle ways of disposing of their real estate, especially when it furthers their charitable objectives and serves their tax planning needs.

So, rather than run magazine and newsletter advertisements that say “Give us your real estate because we’re a wonderful organization and will do good things with your gift,” try something like this: 

“If you’re approaching a time in your life when you need to make decisions about parting with a property that has become more burdensome than enjoyable, give us a call. We have ideas that might work for you and work for us.”

For information on how Bidwell Advisors can help develop a real estate gifts marketing program, click here.

It always surprises me when I learn that a non-profit client uses estimates of a prospect’s real estate wealth as one of the indicators pointing to the size of the cash gift they will solicit.  I recently talked with a development officer who was aware that a prospect owns four pieces of property with an estimated total value of about $5 million. He estimated the total net worth ofhis prospect at about $10 million. He then laid out a plan for asking that prospect for a $2 million cash gift. 

Why, I asked him, didn’t you just ask your prospect  for one or two of her properties, which she appears to not be using as she ages? Well, I’m just not comfortable talking with folks about the complexities of real estate, he responded.

To which I say: It’s time to get comfortable with at least introducing the real estate topic, knowing there’s expertise waiting in the wings to help you out.

This points to the need for many organizations to think differently about their prospect research.  I contend that organizations should be mining their data bases and their collective organizational histories to identify  prospects who fit this pattern: own multiple pieces of property in multiple states; are age 65 or over; are charitably inclined to your organization.  When this fact pattern is used for screening, very strong real estate gift prospects emerge that in many cases may not have even been rated using traditional prospect rating systems. Identifying real estate gift prospects requires a different approach to thinking about wealth and thinking about donor motivations. 

We know from a report on second home ownership prepared by the National Association of Realtors in 2005 that:

• 1 in 10 households owned 2 or more properties
• 1 in 25 households owner 3 or more properties
• 40% of the residences sold in 2005 were either vacation homes of residences owned for investment purposes

Fundraising consultants can provide a valuable service to their clients by reminding them to turn their attention, and that of their researchers, to the real estate holdings of their donor prospects.  Often, friends of the organization that are short on cash and appreciated securities can realize their charitable objectives through real estate gifts they had not previously considered.

For more information on how  Bidwell Advisors can help fundraising consultants to better advise their clients, click here.

As the effects of the deteriorating economy ripple through development offices of non-profit organizations of all sizes and shapes, increasing attention is being paid to the potential of real estate gifts. This shift in attention is due to several factors:

• With growing liquidity concerns in most households, cash gifts – current or deferred – are becoming harder and harder to come by. This is causing development professionals to turn more of their attention to the non-cash assets of their donors and prospects, particularly real estate assets.
• Real estate assets comprise over 35% of the assets of U.S. households. Yet only about 3% of charitable giving in recent years has come from real estate gifts. Development offices are increasingly recognizing the need to go where the wealth is – the largely untapped potential of real estate.
• More attention is being paid to the experience of those non-profits that have consistently attracted large numbers of substantial real estate gifts. A survey conducted by the National Committee on Planned Giving, published in the Fall 2008 issue of The Journal of Gift Planning, reported that 13% of institutions responding received over 10% of their total contributions as real estate gifts over the previous three years, as measured in dollars.
• The collective experience of institutions that have enjoyed success in pursuit of real estate gifts has led to an increasingly accepted body of “best practices” that permit the opening of the doors to real estate gifts while carefully managing and minimizing the potential risks of real estate.
• Institutions at one stage or another of campaigns – planning phase, quiet phase, or those that have gone public and are concerned about hitting their targets – are increasingly turning their attention to the potential of real estate gifts. Indeed, there is evidence that the methodology for many campaign planning/feasibility studies in the future will devote more explicit attention to the role of real estate gifts in campaigns.

An increase in real estate gift activity during these challenging economic times s being reported by non-profits that market their interest in real estate gifts. This is due in part to the number of aging owners of vacation and rental properties who in some instances would rather donate their property to a favorite charity than navigate the uncertain waters of marketing their property in volatile real estate markets. These factors have combined to cause more and more non-profits – colleges and universities, private secondary schools, community foundations, health organizations, environmental groups and land trusts, social service and affordable housing groups – to transition from organizations that “accidentally” receive the occasional real estate gift (often stumbling through the process of analyzing, structuring and closing the gift) to organizations that thoughtfully and intentionally seek out quality real estate gifts. Such organizations employ procedures and techniques designed to manage the various types of risk (environmental, liquidity, holding cost) that can be associated with real estate gifts.

A review of the experience of those non-profits that have successfully made this transition reveals several important steps in developing a more active and lucrative real estate gifts program.

Getting the key players on the same page with policies and procedures

Successful programs tend to have clear gift acceptance policies and procedures governing real estate. These policies assure that everyone in the organization is on the same page regarding the types of properties (residential, commercial, farms and ranches, undeveloped land, etc.) that will be accepted and the gift structures (CRTs, CGAs, retained life estates, bargain sales, etc.) that can be employed. These policies also tend to establish minimum gift amounts that take into account, one way or another, the often time-consuming and costly process of structuring, analyzing, and closing gifts of real estate. Also, it is important to be clear about which parties in the organization (planned giving staff, treasurer’s office, general counsel, board development committee), as well as which outside sources of expertise, are involved in which aspects of the real estate gift review and approval process.

It is often very helpful to gather in one place all of an institution’s key players with responsibility for real estate gifts in order to refine these gift acceptance policies and procedures. Such a working session can provide an opportunity for all to express their worries and reservations – which exist in some form in almost every institution – and then to share information and devise due diligence and approval procedures that address those concerns. What emerges is often not just a set of clear policies and procedures, but also an enhanced appreciation for the potential of real estate gifts, as well as streamlined relationships for facilitating such gifts.

Other key elements of such policies and procedures include the following.

An initial screening process. Increasingly, non-profits are adopting more “user-friendly” postures with regard to potential real estate gifts. One way this new attitude comes across is by adopting a two-stage process for reviewing such gifts.

The aim of the first “screening” stage is to gather essential information about the property, the donor prospect, and the proposed gift structure as rapidly as possible in order to provide the prospect with a prompt indication of whether or not the institution wants to pursue the gift. Providing such an answer quickly not only avoids wasting a great deal of time and effort on the part of the donor prospect, but also assures that the institution’s staff is spending its time on the truly promising gifts.

Due diligence. For potential gifts that pass such an initial screen, a period of due diligence then follows. It is generally at this point that the donor prospect is asked to provide much more extensive information and documentation about their property and their financial situation.

The key elements in a due diligence process designed to identify, manage, and minimize risks generally consist of the following: 1) title investigation with the assistance of a local real estate attorney; 2) a Phase I environmental assessment, with follow-up as needed; 3) an independent assessment of local market conditions and the property’s market value (usually stopping short of a full-blown qualified appraisal); and 4) a building inspection (if appropriate), along with a personal visit by a representative of the institution.

Moreover, non-profits are recognizing that in order to be in control of the due diligence process, as well as to be more “donor friendly,” it makes good business sense to assume the costs of these investigations, rather than ask the donor to do so.

Gift acceptance letter. Once the committee charged with assessing potential real estate gifts has reviewed the various documents generated in the due diligence process and has agreed to accept the gift, it is generally good practice to communicate this decision to the donor in a detailed letter. Such a letter would include any conditions placed on the gift and any proposed alternative gift structures, as well as a “roadmap” of sorts detailing who needs to do what along the way towards a closing of the gift.

Property disposition procedures. Since the vast majority of real estate gifts are accepted with the intent of liquidating the property as quickly as possible (as opposed to gifts accepted for the ongoing use of the non-profit in furtherance of its mission), it usually makes sense to retain a local real estate broker to handle the listing and sale of the property.

Steps Toward Attracting The Right Real Estate Gifts

Staff and trustee training. Once there is agreement within the institution on the types of real estate gifts that will be accepted, as well as the process for analyzing and accepting such gifts, many organizations find it useful to conduct real estate gift training sessions for development staff and board members. These sessions should include everyone who may enter into conversation with a donor prospect about a gift of real estate. The importance of briefing board members on real estate gifts cannot be overstated. After all, it is highly likely that they will come into contact with donor prospects (including fellow board members) who might mention, for example, plans to sell the family’s summer home, thus making them candidates for follow-up gift conversations.

Marketing. When there is awareness at the staff and board level of the “profile” of the likely real estate donor, as well as concurrence on the types of real estate gifts to be accepted, organizations need to get the word out that they are interested in discussing real estate gift possibilities. Case studies in newsletters and mailings, web site illustrations, special mailings, workshops for professional advisors, annual report “advertising” plant the seed that property owners can creatively dispose of surplus real estate holdings in ways that further the mission of the organization.

Research and personal visits. Surveys have shown that the single most effective way to stimulate real estate gifts for many organizations is to conduct donor research aimed at identifying prospects who own multiple pieces of real estate and are 65 or older, and then to arrange personal visits with such prospects during which their plans for the future of their real estate holdings are discussed. It may take some practice and training before gift officers at your organization develop a comfort level in initiating such conversations, but this is clearly a highly effective way to develop real estate gifts.

Seeking Assistance Though the process of attracting, analyzing, structuring and closing real estate gifts is well within the capacity of many non-profit development operations, there are a variety of sources of assistance for non-profits seeking assistance. Some community foundations have established partner programs whereby they will work with a non-profit organization to analyze a potential real estate gift, help structure the gift, perhaps taking title to the property themselves and then liquidating the real estate, perhaps issuing a gift annuity or trusteeing a charitable remainder trust. All of this is typically undertaken with the understanding that a portion of the net gift proceeds will stay at the community foundation either as a donor advised fund or as endowment for the partner non-profit organization.

Some national and regional donor advised funds have been set up to evaluate and receive gifted property, liquidate it, and distribute proceeds to charities in accordance with established policies. Also, several real estate gift planning consultants operate around the country to help non-profits develop their capacity to attract and process real estate gifts, as well as to assist with specific gift transactions.

Conclusion

Real estate is the single largest category of wealth for many donors, and is becoming increasingly interesting to development professionals grappling with the challenges of a cash-strained fundraising environment. While gifts of real estate are often more complex and risky than gifts of cash or publicly-traded securities, proven procedures have been developed to help manage this complexity and risk. More and more non-profits are re-examining the risk and reward relationship of real estate gifts and are determining now is the time to start tapping in to the enormous real estate wealth transfer that surrounds us.

Dennis Bidwell is principal of Bidwell Advisors, a Northampton, Massachusetts real estate consulting firm providing services nationally to non-profit organizations and to private property owners. The firm specializes in real estate gift planning services for colleges and universities, community foundations and other non-profits seeking to increase their level of real estate gift activity. Prior to forming Bidwell Advisors in 2001, Bidwell served as national real estate director for American Farmland Trust. Previous positions include: vice president of Leggat McCall Advisors, a Boston-based real estate consulting and appraisal firm; development officer for the National Trust for Historic Preservation; program officer for Associated Grantmakers of Massachusetts. A graduate of Dartmouth College, Dennis earned his MBA from Boston University and his M.Ed from Harvard University. Bidwell writes and speaks frequently on real estate philanthropy and land conservation. Dennis serves on the Advisory Board of Bay Path College’s Graduate Programs in Nonprofit Management and Philanthropy. Dennis Bidwell dbidwell@bidwelladvisors.com www.bidwelladvisors.com 413-584-2732

More and more non-profits are becoming aware that they are receiving fewer real estate gifts than some of their peers. They are realizing that other organizations have enjoyed considerable success in attracting a portion of the estimated 30 percent of the nation’s private wealth that is in real estate holdings.

In some cases, these organizations have responded by transitioning from a program that occasionally accepts gifts of real estate in various forms, to one that seeks to make such gifts happen. This transition needs to occur, of course, while taking appropriate precautions to manage the various types of risk (environmental, liquidity, holding cost) associated with owning real estate.

A review of the experience of those non-profits that have successfully made this transition reveals several important steps in developing a more active and lucrative real estate gifts program.

Get the key players on the same page

Successful programs tend to have clear gift acceptance policies and procedures governing real estate. These policies assure that everyone in the institution is on the same page regarding the types of properties (residential, commercial, farms and ranches, etc.) that will be accepted and the gift structures (CRTs, CGAs, retained life estates, etc.) that can be employed. These policies also tend to establish minimum gift amounts that take into account the often time-consuming and costly process of structuring, analyzing, and closing gifts of real estate.

Team structure is important, as well. It needs to be clear which parties in the organization (planned giving staff, treasurer’s office, general counsel, board development committee), as well as which outside sources of expertise, are involved in which aspects of the real estate gift review and approval process.

It is helpful for all of an institution’s key players with responsibility for real estate gifts to meet in order to refine these gift acceptance policies and procedures. Suc h a working session encourages all to express their concerns and then to devise due diligence and approval procedures that address those worries. What emerges is often not just a set of clear policies and procedures, but an enhanced appreciation for the potential of real estate gifts and streamlined relationships for facilitating such gifts in the future.

A two-stage review process

Increasingly, non-profits are adopting more “user-friendly” postures with regard to potential real estate gifts. One way this new attitude comes across is by adopting a two -stage process for reviewing such gifts.

The aim of the first stage is to gather essential information about the property, the prospect, and the proposed gift structure as rapidly as possible in order to give the prospect a prompt indication of whether or not your institution wants to pursue the gift. Providing such an From PG Calc-U-Letter Issue #70, August 2008 Copyright 2008 PG Calc Incorporated answer quickly not only avoids wasting a great deal of time and effort on the part of the donor prospect, but also assures that your institution’s staff is spending its time on the truly promising gifts.

For potential gifts that pass such an initial screen, a period of due diligence then follows. It is generally at this point that the donor prospect is asked to provide much more extensive information and documentation about their property and their financial situation. The key elements in a due diligence process designed to identify, manage, and minimize risks generally consist of the following:

1. a title investigation with the assistance of a local real estate attorney;

2. a Phase I environmental assessment, with follow-up as needed;

3. an independent assessment of local market conditions and the property’s market value (usually stopping short of a full-blown qualified appraisal); and

4. a building inspection (if appropriate), along with a personal visit by a representative of the institution. Moreover, non-profits are recognizing that in order to be in control of the due diligence process, as well as to be more “donor friendly,” it makes good business sense to assume the costs of these investigations, rather than ask the donor to do so.

Gift acceptance letter

Once the committee charged with assessing potential real estate gifts has reviewed the various documents generated in the due diligence process and has agreed to accept the gift, it is generally good practice to communicate this decision to the donor in a detailed letter. Such a letter would include any conditions placed on the gift and any proposed alternative gift structures, as well as a “roadmap” of sorts detailing who needs to do what along the way towards a closing of the gift.

Property disposition

Since the majority of real estate gifts are accepted with the intent to sell the property as soon as possible, it usually makes sense to retain a local real estate broker to handle the listing and sale of the property.

Staff and board training

Once there is agreement within the institution on the types of real estate gifts that will be accepted, as well as the process for analyzing and accepting such gifts, many organizations find it useful to conduct real estate gift training sessions for development staff and board members. These sessions should include everyone who may converse with a donor prospect about a gift of real estate. The importance of briefing board members on real estate gifts cannot be overstated. After all, it is highly likely that they will come into contact with donor prospects (including fellow board members) who might mention, for example, plans to sell the family’s summer home, thus making them candidates for followup gift conversations.

Marketing

When there is awareness at the staff and board level of the “profile” of the likely real estate donor, as well as concurrence on the types of real estate gifts to be accepted, organizations often choose to get the word out about giving real estate. Case studies in newsletters and mailings, web site illustrations, special mailings, workshops for professional advisors, annual report “advertising,” and other marketing vehicles should be used to plant the seed for friends of your organization who are seeking creative ideas about how they might use their surplus real estate holdings to further the mission of the organization.

Research and personal visits

Surveys have shown that the single most effective way to stimulate real estate gifts for many organizations is to conduct donor research that identifies prospects who own multiple pieces of real estate and are 65 or older, and then to arrange personal visits with such prospects during which their plans for their real estate holdings are discussed. It may take some time before gift officers at your organization develop a comfort level in initiating such conversations, but this is clearly a highly effective way to develop real estate gifts.

Conclusion

Real estate is a sizable component of the wealth of most donors. While gifts of real estate can be more complex and risky than gifts of cash or publicly-traded securities, there are some proven steps your organization can take to manage this complexity and risk. Once your organization has developed policies and procedures for handling real estate gifts and proceeds with targeted training and thoughtful marketing, including well-researched personal visits, it will be more prepared to attract and close lucrative real estate gifts.