SEC

SEC. 89-19-1. Short title.

This chapter shall be known as the "Mississippi Conservation Easement Act of 1986."

SOURCES: Laws, 1986, ch. 404, Sec. 1, eff from and after passage (approved March 27, 1986).

SEC. 89-19-3. Definitions.

For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context otherwise requires:

(1) "Conservation easement" shall mean a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, historical or open-space values of real property, assuring its availability for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air and water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property.

(2) "Holder" shall mean either:

(a) A governmental body empowered by the law of this state or the United States to hold an interest in real property; or

(b) A private, nonprofit, charitable or educational corporation, association or trust, the purposes or powers of which include retaining or protecting the natural, scenic, historical or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air or water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property which is the recipient or grantee of a conservation easement.

(3) "Third-party right of enforcement" shall mean a right granted in a conservation easement to a governmental body or private, nonprofit charitable corporation, association or trust, which is not a holder but which is eligible to be a holder, to enforce any of the terms of the conservation easement.

(4) "Person" shall mean any natural person or legal entity.

SOURCES: Laws, 1986, ch. 404, Sec. 2, eff from and after passage (approved March 27, 1986).

SEC. 89-19-5. General provisions relating to conservation easement; acceptance; recordation; duration.

(1) Except as otherwise provided by this chapter, a conservation easement may be created, conveyed, recorded and assigned, in the same method and manner as other easements.

(2) No right or duty in favor of or against a holder and no right 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.

(3) Except as provided in subsection (2) of Section 89-19-7 of this chapter, a conservation easement is unlimited in its duration unless the instrument creating it otherwise provides.

(4) An interest in real property in existence at the time a conservation easement is created is not impaired by the conservation easement unless the owner of the interest is a party to the conservation easement or consents to it.

(5) A conservation easement shall continue to be effective and shall not be extinguished if the easement holder is or becomes the owner in fee of the subject property.

SOURCES: Laws, 1986, ch. 404, Sec. 3; 1988, ch. 379, Sec. 2, eff from and after passage (approved April 18, 1988).

SEC. 89-19-7. Actions affecting easements.

(1) Any action to enforce a conservation easement may be brought by:

(a) An owner of an interest in the real property burdened by the easement;

(b) A holder of the easement;

(d) The Attorney General of the State of Mississippi;

(e) The Mississippi Department of Wildlife, Fisheries and Parks; or

(f) A person otherwise authorized and empowered by law.

(2) This chapter does not, and shall not be construed to, affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. In such proceeding, the holder of the conservation easement shall be compensated for the value of the easement.

SOURCES: Laws, 1986, ch. 404, Sec. 4; 1988, ch. 379, Sec. 3, eff from and after passage (approved April 18, 1988). Amended by Laws 2000, Ch. 516, Sec. 132, HB666, eff. from and after passage (approved April 30, 2000).

SEC. 89-19-9. Validity of easements not affected by certain conditions.

A conservation easement shall be valid despite the following:

(a) It is not appurtenant to an interest in real property;

(b) It may be or has been assigned to another holder;

(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 contract.

SOURCES: Laws, 1986, ch. 404, Sec. 5, eff from and after passage (approved March 27, 1986).

SEC. 89-19-11. Capital improvements on property upon which easements have been granted.

With the exception of "Mississippi Landmarks," as defined by the Antiquities Law of Mississippi (Section 39-7-1 et seq., Mississippi Code of 1972) and of properties entered in the National Register of Historic Places, no public money, derived either from a special fund or the General Fund, shall be expended for capital improvements on any real property upon which a conservation easement has been granted unless the conservation easement is perpetual, a governmental body is the holder of the easement and the capital improvements are solely for the use and benefit of such holder.

SOURCES: Laws, 1986, ch. 404, Sec. 6, eff from and after passage (approved March 27, 1986).

SEC. 89-19-13. Interests to which chapter applies; relation to other laws.

(1) This chapter shall apply to an interest created after the effective date of this chapter, whether the interest is designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, as long as such interest complies with the provisions of this chapter.

(2) This chapter shall apply to any interest created prior to the effective date of this chapter if the interest would have been enforceable had it been created after the effective date of this chapter unless retroactive application would contravene the Constitution or laws of this state or the United States.

(3) This chapter shall 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 any other law of this state.

(4) The provisions of this chapter are cumulative and supplemental to any other provision of law.

SOURCES: Laws, 1986, ch. 404, Sec. 7, eff from and after passage (approved March 27, 1986).

SEC. 89-19-15. Recorded easements to be filed with Attorney General and Department of Wildlife, Fisheries, and Parks.

Whenever any instrument conveying a conservation easement is recorded after the effective date of this section, the clerk of the court recording it shall mail certified copies thereof, together with notice as to the date and place of recordation, to the Attorney General of the State of Mississippi and the Mississippi Department of Wildlife, Fisheries and Parks. The requirement that certified copies be mailed to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks shall be stated in any instrument which conveys a conservation easement after the effective date of this section. The holder of any conservation easement created prior to the date hereof wishing to qualify such easement for the benefits provided under this chapter shall provide to the Attorney General and the Mississippi Department of Wildlife, Fisheries and Parks, within one (1) year after the effective date of this section, a certified copy of the instrument creating such easement, indicating the date and place of the recordation.

SOURCES: Laws, 1988, ch. 379, Sec. 1, eff from and after passage (approved April 18, 1988). Amended by Laws 2000, Ch. 516, Sec. 132, HB666, eff. from and after passage (approved April 30, 2000).

PREVIOUS VERSIONS: Pre-2000