This act [47-12A-1 to 47-12A-6 NMSA 1978] may be cited as the “Cultural Properties Preservation Easement Act”. History: Laws 1995, ch. 137, § 1. ANNOTATIONS Cross references. — For the Land Use Easement Act, see 47-12-1 NMSA 1978 et seq. For Historic Landscape Act, see 18-13-1 NMSA 1978 et seq. Effective dates. — Laws 1995, […]
As used in the Cultural Properties Preservation Easement Act: A. “cultural property” means a structure, place, site or object having historical, archaeological, scientific, architectural or other cultural significance deemed potentially eligible for inclusion in the national register of historic places; B. “holder” means any nonprofit corporation, nonprofit association or nonprofit trust, the purposes or powers […]
A. Except as otherwise provided in the Cultural Properties Preservation Easement Act, a cultural properties preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement. B. A cultural properties preservation easement is not effective and creates no rights or obligations until […]
An action affecting a cultural properties preservation easement may be brought by any of the following: A. an owner of an interest in the real property subject to the cultural properties preservation easement; B. a holder of a cultural properties preservation easement; or C. a person having a third-party enforcement right. History: Laws 1995, ch. […]
A cultural properties preservation easement is valid even though the cultural properties preservation easement: A. is not appurtenant to an interest in real properties; B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the easement; C. imposes affirmative obligations upon the owner […]
A. Nothing in the Cultural Properties Preservation Easement Act invalidates any interest, whether designated as a cultural properties preservation easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state. B. No interest benefiting or encumbering real property cognizable under the statutes or common law in effect in this state […]
