A Call for Land – Frequently Asked Questions

Land in Common began as a white led organization, and has spent many years building trust with the communities across Maine most- impacted by land injustice – Wabanaki and other BIPOC, and poor and working class communities. To truly advance land justice, the organization had to transform, because people directly impacted by a problem know best how to fix it. An all-BIPOC coalition of environmental justice organizers, activists, and changemakers from across Wabanaki territory has come together to form Land in Common’s new organizational leadership. This Call for Land arises directly from the needs and aspirations of frontline communities; it was created, and is led by this leadership group.

If I donate land, who will hold it over the long-term?

Unless the land is deemed a priority for return to Wabanaki care (see below), the land will be held by Land in Common. Land in Common is a 501(c)(3) nonprofit community land trust, founded in 2008, with a decade and a half of experience creating durable structures for holding land in community care over the long haul. The land we hold is currently home to one multi-family affordable housing community, two cooperative farm businesses, a Latinx-led farm that grows free food for community distribution, and 200+ acres of conservation land.

What is a community land trust? How does this work?

Community land trusts (CLTs) are nonprofit legal structures for the collective holdership of land and housing. They hold land in community stewardship, forever protected from extractive development and capitalist markets. Community land trusts offer residents similar security to land ownership, but at a fraction of the cost, and without reproducing the colonial practice of treating land as something to be bought and sold for profit. People living or working on the land hold a 99-year renewable Land Commitment Agreement (or “ground lease”) with Land in Common that secures their ongoing relationship with the land, and they directly own the buildings and other infrastructure on the land. This arrangement is radically different from that of traditional tenant (leasehold) farming: community land trusts function like cooperatives, where the people farming and stewarding the land participate in decision making and organizational leadership.

Isn’t it more secure to own your own land, rather than having it owned by a community land trust (CLT)?

There are no land tenure situations in which eviction from the land is totally impossible, unless you have lots of money and a powerful army at your disposal. Even people with land deeds can be evicted if: (a) they don’t pay their taxes and the town, state, or feds seize their property; (b) they don’t pay their mortgage payments; (c) they get into other kinds of debt (medical, etc.) that forces them to sell; or (d) a capitalist convinces the government that their land has a “higher use” (mining, oil drilling, building a Wal-Mart, etc.) and it is taken by eminent domain.

Community land trusts offer some protections that individual land ownership does not:

If people living on Land in Common land can’t pay their taxes, there is a process in our Land Commitment Agreement (“ground lease”) for Land in Common to pay these taxes instead, and then to work out a repayment arrangement (or not) with the land steward. This means that people on the land have a community backing them up and protecting them from any seizure of land by the government or other entities. Those entities would ultimately have to seize the land from Land in Common, but we are building a wide and deep community of support to ensure that this will not happen.

Because the land is not owned directly by the person living on it, the land itself cannot be considered an “asset” by any institutions (banks, the state, etc.) trying to claim back an unpaid debt or fine. Even if these institutions can try to seize the buildings (house, etc.) that are owned by the land steward, they would have to negotiate this with Land in Common given the nature of the ground lease. Land in Common would then be able to step in and intervene in support of the land steward and to ensure that the land’s use is not compromised.

If a government entity seeks to take the land by eminent domain, resistance would not be an individual affair, but would be taken up by Land in Common as a whole and by its wider communities and networks of support. This doesn’t mean that the land won’t be taken in the end, but it means that those living on the land will not be fighting alone.

CLT tenure does come with some insecurities as well. If residents default on core conditions in the Land Commitment Agreement, this could lead eventually to eviction. In other words, if someone does not pay the ground lease fee or doesn’t follow the core agreements around land use, and if the membership or leadership does not make any concessions or waivers about this, and if all processes of conciliation, mediation, and arbitration fail–then land security will be lost. This is real, but it is not inevitable or likely, and our work as an organization and as a community is to ensure that we avoid getting that far down such a path.

How do you ensure that the land will be protected over time?

As a community land trust, Land in Common holds the dual goals of protecting land and supporting land-based livelihoods. We offer a model of conservation where people can see themselves as part of the land, rather than its owners, and live with it in mutual care and interdependence. Large portions of our land are forever kept wild through deed restrictions, while other portions are reserved for low impact housing and regenerative farming through the 99-year ground lease that serves as a commitment to responsible use and care of the land. For a perspective on how the community land trust structure can serve as a powerful alternative to traditional conservation easements, see our article here: Community Land Trust Ownership as a Long-term Land Protection Strategy.

All of the land we now call “Maine” is Wabanaki land, but after centuries of land theft, only 1% of Maine’s land remains in Wabanaki hands. Wabanaki have cared for this land since time immemorial, and have always been at the forefront of efforts to protect Maine’s land and waterways. To advance conservation and land justice, Indigenous land return is central to our work.

What’s the process for deciding how the land is used and who uses it?

Our goal is to make matches in which there is strong synergy between the needs and qualities of the land and the needs and visions of new land stewards. In our matching process, which is currently being developed in detail by our leadership council, we prioritize projects that bring multiple dimensions together:

Meeting the needs and aspirations of land seekers from communities impacted by land injustice, especially due to colonialism and racism (i.e., BIPOC communities);

Contributing to wider efforts and movements for collective liberation, community resilience, and mutual aid;

Honoring the land with regenerative and re-connective practices of building, growing, and creating livelihoods.

Are you only looking for permanent donations of land/housing? What about shorter term land sharing or allowing people to come and use the land?

We are seeking permanent donations of land and/or housing.

In the past, we’ve facilitated land sharing and land access agreements between landowners and land seekers. We found that this model came with logistical and relational challenges, and ultimately didn’t often achieve our goals. Here’s what we learned through facilitating season-by-season land sharing in 2020 and 2021 through the Maine Land Share Project:

It takes a lot of staff time, and money, to facilitate land matching. Doing this on a short term basis is more work than we have the capacity for as a grassroots organization.

Land sharing does not provide land seekers with long term land security.

Despite the good intentions of land owners, the structure of land ownership gives landowners power over the people using the land. If a landowner decides to end the land sharing agreement, this leaves the land seeker (usually someone who didn’t have stable land tenure to begin with) suddenly without land again.

With short-term land access, people farming or cultivating the land can’t afford the time and money it takes to build up soil health, build farm and garden infrastructure, since they don’t know if they’ll still be there next year.

BIPOC, trans, and other marginalized land seekers expressed some hesitation about coming onto a stranger’s land, because they weren’t sure if they’d be safe and welcomed there. The project was more accessible to people with privilege because of this.

The program also put Wabanaki land seekers in the position of being treated as “guests” on their own ancestral lands.

We learned a lot through our experience coordinating land sharing. We realized that the program wasn’t serving people most impacted by land injustice. The real issues we’re trying to address – housing insecurity, food insecurity, and the gaping inequity in land ownership – all go back to who actually controls land. More than simply access to land, people need a stable place that is truly theirs for the long term, where they can make home, put time and energy in the soil and land health, put down roots, grow community and a sense of belonging. In response to what we learned through the Maine Land Share Project, we knew we needed to shift our work in response. We’re now putting our energy into creating stable, lifetime land tenure for most-impacted communities, and are seeking donations of land to support this work.

This is stolen Wabanaki land. Shouldn’t the land be returned to Wabanaki care?

We prioritize returning land to Wabanaki communities, and this is a core part of the work that we do. In synergy with this work, we believe that it is crucial to restore land access and connection for non-Wabanaki communities of color who have been forced from their homelands and systematically dispossessed of land and other means of livelihood. Land in Common’s leadership includes Wabanaki activists committed to land justice for all people, and we are in close conversation with the Wabanaki Commission on Land and Stewardship, the intertribal organization that coordinates land return and land access for all federally-recognized Wabanaki Tribes in what is now called “Maine.” We are committed to working with Wabanaki leadership at every turn to ensure that priority land for Tribes is returned and that ongoing solidarity is built among all people who are directly affected by colonialism and white supremacy in Wabanaki homelands.

What does “BIPOC” mean and why do you use this term?

BIPOC is an acronym that usually stands for Black, Indigenous, and People of Color. Like all terms that refer to groups of people with very different experiences, it’s a problematic term. It risks erasing important differences between peoples’ histories and lived realities relative to structures of colonialism, capitalism, and white supremacy. At the same time, it also names potential solidarities that can be–and are being–built in the face of struggles against these systems and for a more just and loving world. We use this term in the spirit of that solidarity, while also recognizing its dangers and limitations. As with all things in this work, we’ll learn as we go and are open to ongoing conversation and learning about how best to express solidarity and build strong movements together while also honoring differences.

Different BIPOC communities experience land injustice differently; why is this call focused on land justice for all BIPOC at once?

The U.S. government, white settlers, landlords, corporations, and other profiteers have dispossessed different BIPOC communities of land in different ways. For example, settler colonialism stole Indigenous land to make private property, and USDA policies caused the disproportionate loss of Black-owned farmland. Despite these different histories and present realities, many BIPOC communities have in common an experience of being systematically denied secure access to life-giving land through white supremacy, colonialism and capitalism. The Call for Land seeks to build power around a common goal of land justice. We find power in solidarity, and believe transformation is possible when oppressed peoples come together to transform the conditions of oppression. That does not mean we treat all of our struggles the same, but we are committed to working together for our collective survival and thriving.

What kinds of land and housing are you looking for?

We are seeking:

Houses or apartments
Larger buildings that could become community gathering spaces
Raw land where housing could be developed
Land for farming, gardening, or gathering food and medicine
Forested land and undeveloped land for nature connection
Land in or near Portland, Lewiston/Auburn, and Bangor is a priority (though land offers in other areas of Maine are also welcomed!)

Land/housing we cannot accept:

Land where toxins are known to have been dumped, or land that is otherwise contaminated and unsafe to live on or cultivate food.
Land where the title is unclear or contested
Land/housing with a mortgage (although in some cases we can support landowners in paying off this debt: see section below).

I have land that is not in one of the areas you’re prioritizing in the Call for Land (i.e., near Maine’s larger cities). Would you still be interested in this?

Yes, for sure! We’re prioritizing land that is close to the larger urban areas, but we are also very excited to create new land access opportunities in more rural parts of the state. Land in other areas may also be a good match for Wabanaki tribes, organizations, or community members. No matter where your land is located, please get in touch and we can explore options together.

I have some land with no housing on it. Would that be useful to this work?

Yes! We’re currently growing our capacity to finance and build affordable housing on land that doesn’t already have structures on it. Land with open fields also could become non-residential farmland for community-based organizations. In addition, we’re excited about opportunities to develop relationships with forested land that allow for sustainable wood harvesting in support of our growing network of land projects.

My business or nonprofit is interested in gifting land. Can you work with me?

Yes! We are excited to partner with businesses and nonprofits. Businesses, like private individuals, can make a tax-deductible donation of land to Land in Common. Nonprofits can transfer their assets to Land in Common (which is a 501(c)(3) nonprofit organization). Our staff members can work one-on-one with your business or nonprofit to create a land transfer plan best suited to your needs and goals.

How does the land donation process work?

While the details will vary with the specific situation, the general steps for donating land are:

Sharing your interest: We ask landowners to fill out a short survey to share your interest in exploring a possible donation of land.

Getting to know each other: Land in Common staff will follow up with you and find a time to talk one-on-one to learn more about the land, your vision, and your needs. If you are still excited about making a gift, and the land is a good match for our work, we’ll make a plan for next steps.

Gathering more information: Land in Common staff will work with you to gather more details about the land (location, acreage, any structures on the land, types of plants and ecosystems, zoning, etc) and about your needs for the transfer process.

Making a Land Transfer Plan. Drawing on this information, we will work with you to create a written land transfer plan that works best for you and your land. At this point, we may decide together whether to turn this plan into a formal Memorandum of Understanding (this can be an especially good idea if there are reasons to think that the transfer may be complex or take significant time).

Surveys, Appraisal, Title Search, and Document Preparation. Land in Common will hire a surveyor (if needed) to confirm the boundaries of the land, and will contract out for a title search to ensure clear transfer of title. If a tax deduction for your gift is part of our transfer plan, we will hire an independent appraiser to determine a fair market value for the property and will prepare all paperwork needed for the IRS. In the meantime, our legal team will draft any documents needed for the transfer, including a Warranty Deed.

Finalizing details and closing. We will work with you, your lawyer (if you have one; this is entirely at your discretion), and our legal team to finalize all necessary documents and schedule a closing at which the deed is transferred.

Sharing documentation and celebrating! Land in Common staff will provide all necessary documentation for your records, including all paperwork needed to ensure a tax deduction if that is part of your transfer plan. And then we celebrate the work we’ve accomplished together!

If I donate my land and there are legal costs, will Land in Common cover these?

Yes. Land in Common will cover all core costs associated with transfer of the land, including costs of any needed surveys, title searches, document preparation, and deed recording. We also welcome donations to help support these costs. If a land donor chooses to have their own legal counsel or accountant in the process (this is optional, not required), we are not able to cover those costs due to conflicts of interest.

Can I get a tax write off for the value of the land donation? How would this happen?

Yes. Land in Common is a tax-exempt 501(c)(3) nonprofit, and all donations made to the organization are tax-deductible. Prior to your land donation, we will work with you to secure a reliable appraisal of the land’s full market value. This appraisal will enable us to provide you with a formal acknowledgement for your donation, including its tax-deductible value. We can also provide support to guide you through the paperwork needed at tax filing time.

Can I donate all or part of a parcel of land that I still owe mortgage payments for?

No. Unfortunately, as long as there is debt associated with the land, a donation will not be possible. Depending on the size of the remaining mortgage, and the nature of the land itself, however, Land in Common may be able to raise money to close out the debt. Please get in touch and we can talk about options and pathways.

Can I donate a portion of a larger parcel of land, and retain ownership of the rest?

Yes, though there may be some limitations to this depending on your town’s subdivision regulations and on how many divisions of land you intend to make at one time. In many Maine towns, you can only divide out one lot every 5 years without formal approval of a subdivision by the town planning body. We can work with you to learn the specific regulations of your town and to develop a plan that is in line with local codes.

I would like the land I’m living on to be redistributed when I die or can no longer live on the land. Is that possible? How would this work?

There are a couple different pathways you can take:

Willing your land to Land in Common. For landowners interested in long-term protection of land, but who are not yet ready or able to transfer the land into trust, we encourage writing Land in Common into your Will. A bequest of land is a powerful statement of your intention to ensure that the land is protected beyond your lifetime. While it is also a strategy that has very real limitations (heirs contesting the Will, for example) and is not a fully secure substitute for transferring the land into protection during your lifetime, it is an important first step and a safety measure for you and for the land.

Transfering your land to Land in Common now, and continuing to live on the land (see section below). This pathway is the most secure way to guarantee the land will be redistributed after you no longer live there.

I’m interested in decommodifying the land I’m living on, even while I continue to live there. Is that possible? How would this work?

Yes, this is not only possible, it’s awesome! We’re thrilled to work with people who want to live on decommodified land– land that is permanently removed from the market and held by a community in the service of justice for current and future generations, and in the service of the land itself. That’s what Land in Common has been created to do, and we would love to welcome you into this community.

If you own the land free of debt, the process is fairly simple: we work together to legally separate ownership of the buildings and other infrastructure (this stays with you) from ownership of land. The land is then transferred to Land in Common, and we work together to create a Land Commitment Agreement (or “Ground Lease” as it’s often called in formal legal terms). This Agreement secures your long-term use and care of the land and structures how the buildings can be transferred in the future (see details on this here). You become a Land Steward member of Land in Common, and can participate in shaping the work, building the community, and caring for the land as we go forward.

If you still have debt on the land, there may be ways to work together to refinance this debt in ways that allow for the separation of land and buildings. We can talk more about these options. No matter what, please get in touch!

I don’t own land, or I don’t have land that I’m able to redistribute, but I want to support this work! Are there other ways to be involved?

Absolutely! We are excited that this work speaks to you, and we feel strengthened by your solidarity.

One of the most important ways people can support this work is by helping us spread the Call for Land far and wide. Do you have connections to people who own land who are seeking to support land justice? Do you have friends, family, or neighbors you feel inspired to talk with about this work? Do you use social media, or have connections to other public platforms? Sharing the call through whatever avenues resonate most with you is a wonderful way to galvanize support for this work.

If you have the ability to donate money, donations of any size help us sustain our grassroots organizing. You can make a donation here.