Chapter
84C. CONSERVATION EASEMENTS
84C.01 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
(1) "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.
(2) "Holder" means:
(i) a
governmental body empowered to hold an interest in real property under the laws
of this state or the
(ii) 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.
(3) "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.
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84C.02 CREATION,
CONVEYANCE, ACCEPTANCE, AND DURATION.
(a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
(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 arises under a conservation easement before its acceptance by the
holder and a recordation of the acceptance.
(c) Except as provided in section 84C.03,
clause (b), a conservation easement is unlimited in duration unless the
instrument creating it otherwise provides.
(d) 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 party to the conservation easement or consents to
it.
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84C.03 JUDICIAL ACTIONS.
(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 chapter does not affect the power of a
court to modify or terminate a conservation easement in accordance with the
principles of law and equity.
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84C.04 VALIDITY.
A conservation easement is valid even though:
(1) it is not appurtenant
to an interest in real property;
(2) it can be or has been
assigned to another holder;
(3) it is not of a
character that has been recognized traditionally at common law;
(4) it imposes a negative
burden;
(5) it imposes
affirmative obligations upon the owner of an interest in the burdened property
or upon the holder;
(6) the benefit does not
touch or concern real property; or
(7) there is no privity of estate or of contract.
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84C.05 APPLICABILITY.
(a) This chapter applies to any interest created after August 1, 1985, which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(b) This chapter applies to any interest created
before August 1, 1985, if it would have been
enforceable had it been created after August 1, 1985, unless retroactive
application contravenes the Constitution or laws of this state or the
(c) This chapter 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.
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