1-19B-56.
Conservation easements—
Definitions. Terms
used in §§ 1-19B-56 to 1-19B-60, inclusive, mean:
(1)
"Conservation easement," a nonpossessory interest of a holder in real
property imposing limitations or affirmative obligations the purposes of which
include retaining or protecting natural 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,
paleontological or cultural aspects of real property;
(2)
"Holder":
(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 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, paleontological, or cultural aspects
of real property;
(3)
"Third-party right of enforcement," 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.
Source: SL
1984, ch 280, § 1.
A
conservation easement may be created, conveyed, recorded, assigned, released,
modified, terminated, or otherwise altered or affected in the same manner as other
easements. The term of the conservation easement shall be established by the
parties to the easement. 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 recording
the acceptance. 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.
Source: SL 1984, ch 280, § 2; SL
2005, ch 14, § 1.
1-19B-58. Actions affecting conservation easements.
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 having a third-party right of enforcement.
Sections 1-19B-56 to 1-19B-60, inclusive, do not affect the power of a court to
modify or terminate a conservation easement according to the principles of law
and equity.
Source: SL 1984, ch 280, § 3.
1-19B-59. Validity of conservation easements.
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.
Source: SL
1984, ch 280, § 4.
1-19B-60. Application
to conservation easements.
The provisions of §§ 1-19B-56 to 1-19B-60, inclusive, apply
to any interest created after July 1, 1984, which complies with
§§ 1-19B-56 to 1-19B-60, inclusive, whether designated as a conservation
easement or as a covenant, equitable servitude, restriction, easement, or
otherwise. The provisions of §§ 1-19B-56 to 1-19B-60, inclusive, apply to
any interest created before July 1, 1984, if it would have been enforceable had
it been created after July 1, 1984, unless retroactive application contravenes
the Constitution or laws of this state or the United States. The provisions of
§§ 1-19B-56 to 1-19B-60, inclusive, do 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.
Source: SL 1984, ch 280, § 5; SL
2009, ch 1, § 98.