700.40 
700.40 Uniform conservation easement act.
700.40(1)
(1) Definitions. In this section, unless the context
otherwise requires:
700.40(1)(a)
(a) "Conservation easement" means a holder's nonpossessory interest
in real property imposing any limitation or affirmative obligation the purpose
of which includes retaining or protecting 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, preserving a burial site, as
defined in s. 157.70 (1) (b), or preserving the
historical, architectural, archaeological or cultural aspects of real property.
700.40(1)(b)
(b) "Holder" means either of the following:
700.40(1)(b)1.
1. Any governmental body empowered to hold an interest in real property under
the laws of this state or the United States.
700.40(1)(b)2.
2. Any 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.
700.40(1)(c)
(c) "Third-party enforcement right" means a right provided in a
conservation easement empowering a governmental body, charitable corporation,
charitable association or charitable trust, which, although eligible to be a
holder, is not a holder, to enforce any term of the easement.
700.40(2)
(2) Creation, conveyance, acceptance and duration.
700.40(2)(a)
(a) Except as otherwise provided in this section, a conservation easement may
be created, conveyed, recorded, assigned, released, modified, terminated or
otherwise altered or affected in the same manner as any other easement.
700.40(2)(b)
(b) No right or duty in favor of or against a holder and no right in favor of a
person having a 3rd-party enforcement right arises under a conservation
easement prior to its acceptance by that holder and recordation of that
acceptance.
700.40(2)(c)
(c) Except as provided in sub. (3) (b), a conservation easement is
unlimited in duration unless the conservation easement otherwise provides.
700.40(2)(d)
(d) No conservation easement may impair an interest in real property existing
at the time the conservation easement is created, unless the owner of that
interest is a party to the conservation easement or consents to it.
700.40(3)
(3) Actions.
700.40(3)(a)
(a) An action affecting a conservation easement may be brought by any of the
following:
700.40(3)(a)1.
1. An owner of an interest in the real property burdened by the conservation
easement.
700.40(3)(a)2.
2. A holder of the conservation easement.
700.40(3)(a)3.
3. A person having a 3rd-party enforcement right.
700.40(3)(a)4.
4. A person authorized by other law.
700.40(3)(b)
(b) This section does not affect the power of a court to modify or terminate a
conservation easement in accordance with any principle of law or equity.
700.40(4)
(4) Validity of conservation easement. A conservation
easement is valid even though any of the following applies:
700.40(4)(a)
(a) It is not appurtenant to an interest in real property.
700.40(4)(b)
(b) It can be or is assigned to another holder.
700.40(4)(c)
(c) It is not of a character recognized traditionally at common law.
700.40(4)(d)
(d) It imposes a negative burden.
700.40(4)(e)
(e) It imposes affirmative obligations upon the owner of any interest in the
burdened property or upon the holder.
700.40(4)(f)
(f) The benefit does not touch or concern real property.
700.40(4)(g)
(g) There is not privity of estate or of contract.
700.40(5)
(5) Effect on enforceable interests. Nothing in this section
invalidates any interest, whether designated as a conservation easement,
covenant, equitable servitude, restriction, easement or otherwise, which is
otherwise enforceable under the laws of this state.
700.40(6)
(6) Uniform application and construction. This section shall
be applied and construed so as to make uniform the laws relating to
conservation easements among states enacting substantially identical laws.
700.40 - ANNOT.
History: 1981 c. 261; 1985 a. 316; 2005 a. 253.
700.40 - ANNOT.
NOTE: Chapter 261, laws of 1981, which created this
section, states in section 3 that: The treatment of ss. 700.40 and 893.33 (6m)
by this act applies to:
700.40 - ANNOT.
(1) Any interest created after April 27, 1982 which complies
with s. 700.40, whether designated as a conservation easement, covenant,
equitable servitude, restriction, easement or otherwise.
700.40 - ANNOT.
(2) Any interest created prior to April 27, 1982 which would
have been enforceable if created after April 27, 1982, unless retroactive
application contravenes the constitution or laws of this state or of the United
States.