58-3810
Chapter 58.--PERSONAL
AND REAL PROPERTY
Part 6.--MISCELLANEOUS
PROVISIONS
Article 38.--EASEMENTS
58-3810. Uniform conservation
easement act; definitions. As used in this act, unless the context
otherwise requires:
(a) "Conservation easement" means a nonpossessory interest of a holder in real property
imposing limitations or affirmative obligations the purposes of which include
retaining or protecting natural, scenic or open-space values of real property,
assuring its availability for agricultural, forest, recreational or open-space
use, protecting natural resources, maintaining or enhancing air or water
quality, or preserving the historical, architectural, archaeological or
cultural aspects of real property.
(b) "Holder" means:
(1) A governmental body empowered to hold an interest in
real property under the laws of this state or the
(2) a charitable corporation, charitable association or
charitable trust, the purposes or powers of which include retaining or
protecting the natural, scenic, or open-space values of real property, assuring
the availability of real property for agricultural, forest, recreational or
open-space use, protecting natural resources, maintaining or enhancing air or
water quality, or preserving the historical, architectural, archaeological or
cultural aspects of real property.
(c) "Third-party right of enforcement" means a
right provided in a conservation easement to enforce any of its terms granted
to a governmental body, charitable corporation, charitable association or
charitable trust, which, although eligible to be a holder, is not a holder.
History: L. 1992, ch.
302, § 11; July 1.
58-3811. Same; creation;
duration; impairment; conveyance or assignment. (a) A conservation easement
may be created only by the record owner of the surface of the land specifically
stating the intention of the grantor to create such an easement under this act.
(b) Except as otherwise provided in this act, a
conservation easement may be created, conveyed, recorded, assigned, released,
modified, terminated or otherwise altered or affected in the same manner as
other easements.
(c) No right or duty in favor of or against a holder and
no right in favor of a person having a third-party right of enforcement arises
under a conservation easement before its acceptance by the holder and a
recordation of the acceptance.
(d) Except as provided in subsection (b) of K.S.A. 58-3812
and unless the instrument creating it otherwise provides, a conservation
easement shall be limited in duration to the lifetime of the grantor and may be
revoked at grantor's request.
(e) An interest in real property in existence at the time
a conservation easement is created is not impaired by it unless the owner of
the interest is a grantor of the conservation easement.
(f) A conservation easement may not be conveyed or assigned
by a holder to any entity or person other than a city or county of this state,
an entity enumerated by subsection (b)(2) of K.S.A. 58-3810 or the grantor
thereof or such grantor's heirs.
History: L. 1992, ch.
302, § 12; July 1.
58-3812. Same; judicial actions;
who may bring action affecting conservation easement; modification or
termination by court. (a) An action affecting a conservation easement may
be brought by:
(1) An owner of an interest in the real property burdened
by the easement;
(2) a holder of the easement;
(3) a person having a third-party
right of enforcement; or
(4) a person authorized by other
law.
(b) This act does not affect the power of a court to
modify or terminate a conservation easement in accordance with the principles
of law and equity.
History: L. 1992, ch.
302, § 13; July 1.
58-3813. Same; validity of
conservation easement. A conservation easement is valid even though:
(a) It is not appurtenant to an interest in real property;
(b) it can be or has been
assigned to another holder;
(c) it is not of a character that
has been recognized traditionally at common law;
(d) it imposes a negative burden;
(e) it imposes affirmative
obligations upon the owner of an interest in the burdened property or upon the
holder;
(f) the benefit does not touch or
concern real property; or
(g) there is no privity of estate or of contract.
History: L. 1992, ch.
302, § 14; July 1.
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58-3814. Same; application of act. (a) This act
applies to any interest created after its effective date which complies with
this act, whether designated as a conservation easement or as a covenant,
equitable servitude, restriction, easement or otherwise. (b) This act applies to any interest
created before its effective date if it would have been enforceable had it
been created after its effective date unless retroactive application
contravenes the constitution or laws of this state or the United States. (c) This act does not invalidate any
interest, whether designated as a conservation or preservation easement or as
a covenant, equitable servitude, restriction, easement
or otherwise, that is enforceable under other law of this state. History: L. 1992, ch. 302, § 15; July 1. |
58-3815. Same; uniformity of
application and construction. This act shall be applied and construed to
effectuate its general purpose to make uniform the laws with respect to the
subject of the act among states enacting it.
History: L. 1992, ch.
302, § 16; July 1.
58-3816. Same; certain utility
and water district easements not impaired. Nothing in this act shall be
construed so as to impair the rights of a public utility or city with respect
to the acquisition of rights-of-way, easements or other property rights,
whether through voluntary conveyance or eminent domain, upon which facilities,
plants, systems or other improvements of a public utility or city are located
or are to be located or so as to impair the rights of a watershed district
under K.S.A. 24-1201 et seq. and amendments thereto with respect to
rights-of-way, easements or other property rights upon which watershed
structures are located or are to be located.
History: L. 1992, ch.
302, § 17; July 1.
58-3817. Same; short title.
This act shall be known and may be cited as the uniform conservation easement
act.
History: L. 1992, ch.
302, § 18; July 1.