Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.1 - Short Title
Cite as: O.S. §, __ __

 

Sections 1 through 8 of this act shall be known and may be cited as the "Uniform Conservation Easement Act."

Historical Data

Added by Laws 1999, c. 384, § 1, eff. November 1, 1999.

Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.2 - Definitions
Cite as: O.S. §, __ __

 

As used in this act:

1. "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purpose of which include, but are not limited to, 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; and

2. "Holder" mean:

a. a governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

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 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.

Historical Data

Added by Laws 1999, c. 384, § 2, eff. November 1, 1999.

Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.3 - Conservation Easement - Creation, Conveyance, Acceptance, and Duration
Cite as: O.S. §, __ __

 

  1. Except as otherwise provided in this act, a conservation easement may be created, conveyed, recorded, assigned, modified, terminated, or otherwise altered or affected in the same manner as other easements, provided however, nothing herein shall authorize any entity or individual to obtain a conservation easement by condemnation.
  2. No right or duty in favor of or against a holder arises under a conservation easement before its acceptance by the holder and the recordation of the acceptance.
  3. Except as provided in subsection B of Section 4 of this act, the term of a conservation easement shall be the term stated in the instrument creating it.
  4. 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.

Historical Data

Added by Laws 1999, c. 384, § 3, eff. November 01, 1999.

Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.4 - Conservation Easement - Judicial Actions
Cite as: O.S. §, __ __

 

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; or

3. A person authorized by other law.

B. The Uniform Conservation Easement 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.

Historical Data

Added by Laws 1999, c. 384, § 4, eff. November 01, 1999.

 

Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.5 - Conservation Easement - Validity
Cite as: O.S. §, __ __

 

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 as 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.

Historical Data

Added by Laws 1999, c. 384, § 5, eff. November 01, 1999.

 

Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.6 - Conservation Easement - Applicability
Cite as: O.S. §, __ __

 

  1. The Uniform Conservation Easement Act applies to any interest created after November 1, 1999, which complies with the Uniform Conservation Easement Act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
  2. The Uniform Conservation Easement Act applies to any interest created before November 1, 1999, if it would have been enforceable had it been created after November 1, 1999, unless retroactive application contravenes the constitution or laws of this state or of the United States.
  3. The Uniform Conservation Easement 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 laws of this state.

Historical Data

Added by Laws 1999, c. 384, § 6, eff. November 01, 1999.

Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.7 - Conservation Easement - Uniform Application and Construction
Cite as: O.S. §, __ __

 

This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among the states enacting it.

Historical Data

Added by Laws 1999, c. 384, § 7, eff. November 01, 1999.

 

Oklahoma Statutes Citationized
  Title 60. Property
    Chapter 2 - Estates in Real Property
      Uniform Conservation Easement Act
        Section 49.8 - Conservation Easement - Additional Construction
Cite as: O.S. §, __ __

 

Unless the grantor of a conservation easement elects otherwise at the time of and in the same manner as the grant of the easement:

  1. Nothing in this act shall be construed to impair the rights of a party with respect to the acquisition of rights-of-way, easements, or other property rights, whether through voluntary conveyance or eminent domain, upon or under which facilities, plant, system, or other improvements including, but not limited to, a pipeline for transmission, gathering, or transportation of hydrocarbons are to be constructed; and
  2. The holder of a conservation easement must subordinate, without construction restrictions or other obligations, the conservation easement upon the request of any party owning any of the above rights-of-way, easements, or other property rights whether acquired prior or subsequent to the conservation easement.

Historical Data

Added by Laws 1999, c. 384, § 8, eff. November 01, 1999.