CERI Act of 2026

(8) Valuation. For purposes of this subsection—

(A) there shall be a rebuttable presumption that the value of any conservation easement (and the fair market value of the property) as determined by a qualified appraisal (within the meaning of subsection (f)(11)(E)) conducted on behalf of the taxpayer is accurate,

(B) the burden of proof in rebutting such presumption shall be clear and convincing evidence, and

(C) the Secretary may not contest such presumption unless the Secretary produces a qualified appraisal (within such meaning) which includes—

(i) a detailed explanation of the methodology of such appraisal,

(ii) comparable sales data, and

(iii) a full description of each assumption upon which such appraisal is based.

(9) Highest and best use. For purposes of determining the fair market value of any property subject to a qualified conservation contribution (including for purposes of any covered transaction under the Conservation Easement Resolution and Integrity Act of 2026), the highest and best use of such property shall be taken into account in accordance with generally accepted appraisal standards (including the Uniform Standards of Professional Appraisal Practice), include potential uses for mineral extraction, mining, quarrying, oil and gas development, or other development of mineral rights where such use is physically possible, legally permissible, financially feasible, and maximally productive.