CHAPTER 2.
§1271. Short title
This Chapter shall be known as and may
be cited as the "Louisiana Conservation Servitude Act".
Acts 1986, No. 217, §1, eff.
§1272.
Definitions
As used in this Chapter unless the context
otherwise requires:
(1) "Conservation
servitude" means a nonpossessory interest of a
holder in immovable property imposing limitations or affirmative obligations
the purposes of which include retaining or protecting natural, scenic, or
open-space values of immovable 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, archaeological, or cultural aspects of unimproved immovable
property.
(2) "Holder" means:
(a) A governmental body empowered to
hold an interest in immovable property under the laws of this state or the
(b) 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
immovable property, assuring the availability of immovable property for agricultural,
forest, recreational, or open-space use, protecting natural resources,
maintaining or enhancing air or water quality, or preserving the historical,
archaeological, or cultural aspects of unimproved immovable property.
(3) "Third party right of enforcement"
means a right provided in a conservation servitude 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.
Acts 1986, No. 217, §1, eff.
§1273.
Creation, conveyance, acceptance and duration
A. Except as otherwise provided in
this Chapter, a conservation servitude may be created, conveyed, recorded, assigned,
released, modified, terminated, or otherwise altered or affected in the same
manner as other servitudes created by contract.
B. 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 shall arise under a conservation
servitude before its acceptance by the holder and a recordation of the
acceptance.
C. A
conservation servitude is unlimited in duration unless the instrument
creating it otherwise provides.
D. Any interest in immovable property
in existence at the time a conservation servitude is
created is not impaired by the conservation servitude unless the owner of the
interest is a party to the conservation servitude or consents to it.
Acts 1986, No. 217, §1, eff.
§1274.
Judicial actions
Any action affecting a
conservation servitude may be brought by any one of the following:
(1) An owner of an interest in the
immovable property burdened by the servitude.
(2) A holder of the servitude.
(3) A person having a third party
right of enforcement.
(4) A person otherwise authorized by
law.
Acts 1986, No. 217, §1, eff.
§1275.
Applicability
A. This Chapter applies to any
interest created after
B. This Chapter applies to any
interest created before January 1, 1987 if it would have been enforceable had
it been created after December 31, 1986 unless retroactive application
contravenes the constitution or laws of this state or the United States.
C. This Chapter does not invalidate
any interest, whether designated as a conservation or
preservation servitude or as a covenant, equitable servitude, restriction, or
otherwise, that is enforceable under any other law of this state.
Acts 1986, No. 217, §1, eff.
§1276.
Uniformity of application and construction
A. This Chapter shall be applied and
construed to effectuate its general purpose to make uniform the law with
respect to the subject of this Chapter among states enacting similar provisions
of law.
B. The provisions of this Chapter
shall supercede any conflicting provisions of Civil Code Article 608.
C. This Chapter shall not be applied
or construed to allow or permit the holder or owner of such servitude to
obstruct or in any way impede the construction, operation, or maintenance of
needed public utility facilities as provided by law on the effective date of
this Chapter.
Acts 1986, No. 217, §1, eff.