NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.2140 Definitions.
Sec.
2140.
As used in this subpart:
(a) “Conservation
easement” means an interest in land that provides limitation on the use of land
or a body of water or requires or prohibits certain acts on or with respect to
the land or body of water, whether or not the interest is stated in the form of
a restriction, easement, covenant, or condition in a deed, will, or other
instrument executed by or on behalf of the owner of the land or body of water
or in an order of taking, which interest is appropriate to retaining or
maintaining the land or body of water, including improvements on the land or
body of water, predominantly in its natural, scenic, or open condition, or in
an agricultural, farming, open space, or forest use, or similar use or
condition.
(b) “Historic
preservation easement” means an interest in land that provides a limitation on
the use of a structure or site that is listed as a national historic landmark
under chapter 593, 49 Stat. 593, 16 U.S.C. 461 to 467, commonly known as the
historic sites, buildings, and antiquities act; is listed on the national
register of historic places pursuant to the national historic preservation act
of 1966, Public Law 89-665, 16 U.S.C. 470 to 470a, 470b, and 470c to 470x-6; is
listed on the state register of historic sites pursuant to Act No. 10 of the
Public Acts of 1955, being sections 399.151 to 399.152 of the Michigan Compiled
Laws; or is recognized under a locally established historic district created
pursuant to the local historic districts act, Act No. 169 of the Public Acts of
1970, being sections 399.201 to 399.215 of the Michigan Compiled Laws, or
requires or prohibits certain acts on or with respect to the structure or site,
whether or not the interest is stated in the form of a restriction, easement,
covenant, or condition in a deed, will, or other instrument executed by or on
behalf of the owner of the structure or site or in an order of taking, if the
interest is appropriate to the preservation or restoration of the structure or
site.
History: Add. 1995, Act 60, Imd.
Eff.
Popular Name: Act 451
Popular Name: NREPA
324.2141 Conservation easement; enforcement; recordation.
Sec.
2141.
A conservation easement
granted to a governmental entity or to a charitable or educational association,
corporation, trust, or other legal entity is enforceable against the owner of
the land or body of water subject to the easement despite a lack of privity of estate or contract, a lack of benefit running to
particular land or a body of water, or the fact that the benefit may be
assigned to another governmental entity or legal entity, including a
conservation easement executed before March 31, 1981. The easement shall be
recorded with the register of deeds in the county in which the land is located
to be effective against a bona fide purchaser for value without actual notice.
History: Add. 1995, Act 60, Imd.
Eff.
Popular Name: Act 451
Popular Name: NREPA
324.2142 Historic preservation easement; enforcement; recordation.
Sec.
2142.
A historic preservation
easement granted to a governmental entity or to a charitable or educational
association, corporation, trust, or other legal entity whose purposes include
the preservation or restoration of structures or sites described in section 2140(b)
is enforceable against the owner of the structure or site subject to the
easement despite a lack of privity of estate or
contract, a lack of benefit running to the particular structure or site, or the
fact that the benefit may be assigned to another governmental entity or legal
entity whose purposes include the preservation or restoration of structures or
sites described in section 2140(b), including a historic preservation easement
executed before March 31, 1981. The easement shall be recorded with the
register of deeds in the county in which the land is located to be effective
against a bona fide purchaser for value without actual notice.
History: Add. 1995, Act 60, Imd.
Eff.
Popular Name: Act 451
Popular Name: NREPA
324.2143
Enforceability of restriction, easement, covenant, or condition.
Sec.
2143.
This subpart does not
render unenforceable a restriction, easement, covenant, or condition that does
not have the benefit of this subpart.
History: Add. 1995, Act 60, Imd.
Eff.
Popular Name: Act 451
Popular Name: NREPA
324.2144
Conservation easement or historic preservation easement as interest in real
estate; document creating easement as conveyance; recordation; enforcement;
assignment.
Sec.
2144.
(1) A conservation
easement or historic preservation easement is an interest in real estate, and a
document creating 1 of those easements shall be considered a conveyance of real
estate and shall be recorded in accord with Act No. 103 of the Public Acts of
1937, being sections 565.201 to 565.203 of the Michigan Compiled Laws, in
relation to the execution and recording of instruments. The easement shall be
enforced either by an action at law or by an injunction or other equitable
proceedings.
(2) A conservation
easement may be assigned to a governmental or other legal entity, which shall
acquire that interest in the same manner as the governmental entity or legal
entity acquires an interest in land.
(3) A historic
preservation easement may be assigned to a governmental or other legal entity whose purposes include the preservation or
restoration of structures or sites described in section 2140(b), and the
governmental or legal entity shall acquire that interest in the same manner as
the governmental entity or legal entity acquires an interest in land.
History: Add. 1995, Act 60, Imd.
Eff.
Popular Name: Act 451
Popular Name: NREPA