§ 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 April 18, 1988, 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 […]
§ 89-19-1. Short title
This chapter shall be known as the “Mississippi Conservation Easement Act of 1986.”
§ 89-19-3. Definitions
For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context otherwise requires: “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 […]
§ 89-19-5. General provisions relating to conservation easement; acceptance; recordation; duration
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. 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 […]
§ 89-19-7. Actions affecting easements
Any action to enforce a conservation easement may be brought by: An owner of an interest in the real property burdened by the easement; A holder of the easement; A person having a third-party right of enforcement; The Attorney General of the State of Mississippi; The Mississippi Department of Wildlife, Fisheries and Parks; or A […]
§ 89-19-9. Validity of easements not affected by certain conditions
A conservation easement shall be valid despite the following: It is not appurtenant to an interest in real property; It may be or has been assigned to another holder; It is not of a character that has been traditionally recognized at common law; It imposes a negative burden; It imposes affirmative obligations upon the owner […]
§ 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 […]
§ 89-19-13. Interests to which chapter applies; relation to other laws
This chapter shall apply to an interest created after March 27, 1986, 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. This chapter shall apply to any interest created prior to March 27, […]