Title
57 Real Estate
Chapter 18
Land Conservation Easement Act
Section 1 Short title.
57-18-1. Short title.
This chapter is known as the "Land Conservation
Easement Act."
Enacted by Chapter 155, 1985 General Session
57-18-2. Definition and
characteristics of conservation easement.
(1) As used in this chapter, "conservation
easement" means an easement, covenant, restriction, or condition in a
deed, will, or other instrument signed by or on behalf of the record owner of
the underlying real property for the purpose of preserving and maintaining land
or water areas predominantly in a natural, scenic, or open condition, or for
recreational, agricultural, cultural, wildlife habitat or other use or
condition consistent with the protection of open land.
(2) A conservation easement is an interest in land and
runs with the land benefited or burdened by the easement.
(3) A conservation easement is valid whether it is
appurtenant or in gross.
(4) A conservation easement is enforceable by the
holder to the easement and its successors and assigns. A conservation easement
is enforceable against the grantor and its successors and assigns.
Enacted by Chapter 155, 1985 General Session
57-18-3. Acquisition of conservation
easement.
A charitable organization which qualifies as being tax
exempt under Section 501(c)(3) of the Internal Revenue Code or a governmental
entity may acquire a conservation easement by purchase, gift, devise, grant,
lease, or bequest.
Enacted by Chapter 155, 1985 General Session
57-18-4. Requirements for creation.
(1) Any property owner may grant a conservation
easement to any other qualified person as defined in Section 57-18-3 in
the same manner and with the same effect as any other conveyance of an interest
in real property.
(2) A conservation easement shall be in writing and
shall be recorded in the office of the recorder of the county in which the
easement is granted.
(3) The instrument that creates a conservation easement
shall identify and describe the land subject to the conservation easement by
legal description, specify the purpose for which the easement is created, and
include a termination date or a statement that the easement continue in
perpetuity.
(4) Any qualified person, as defined in Section 57-18-3,
that receives a conservation easement shall disclose to the easement's grantor,
at least three days prior to the granting of the easement, the types of
conservation easements available, the legal effect of each easement, and that
the grantor should contact an attorney concerning any possible legal and tax
implications of granting a conservation easement.
Enacted by Chapter 155, 1985 General Session
57-18-5. Termination.
A conservation easement may be terminated, in whole or
in part, by release, abandonment, merger, nonrenewal, conditions set forth in
the instrument creating the conservation easement, or in any other lawful
manner in which easements may be terminated.
Enacted by Chapter 155, 1985 General Session
57-18-6. Enforcement.
(1) A conservation easement may be enforced or
protected by injunctive relief granted by a court in a proceeding initiated by
the grantor or holder of the easement.
(2) In addition to injunctive relief, the holder of a
conservation easement is entitled to recover money damages.
(3) The holder of a conservation easement may enter
the real property burdened or benefited by the easement at reasonable times and
in a reasonable manner to ensure compliance.
Enacted by Chapter 155, 1985 General Session
57-18-7. Conservation easement not
obtained through eminent domain -- Conservation easement may not interfere with
eminent domain.
(1) No conservation easement, or right-of-way or
access to a conservation easement may be obtained through the use of eminent
domain.
(2) The existence of a conservation easement may not
defeat or interfere with the otherwise proper exercise of eminent domain under
Title 78B, Chapter 6, Part 5, Eminent Domain.
Amended by Chapter 3, 2008 General Session