This article shall be known and may be cited as the “Georgia Uniform Conservation Easement Act.” History. Code 1981, § 44-10-1 , enacted by Ga. L. 1992, p. 2227, § 1. Law reviews. For article, “A Time to Preserve: A Call for Formal Private-Party Rights in Perpetual Conservation Easements,” see 40 Ga. L. Rev. 85 […]
As used in this article, the term: “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or […]
Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, except that a conservation easement may not be created or expanded by the exercise of the power of eminent domain. No right or duty […]
An action affecting 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; or A person authorized by other law. The easement holder shall be a necessary party in any proceeding of […]
A conservation easement is valid even though: It is not appurtenant to an interest in real property; It can be or has been assigned to another holder; It is not of a character that has been recognized traditionally at common law; It imposes a negative burden; It imposes affirmative obligations upon the owner of an […]
This article applies to any interest created after July 1, 1992, which complies with this article, whether designated as a conservation or facade easement, or as a covenant, protective covenant, equitable servitude, restriction, easement, or otherwise. This article applies to any interest created before July 1, 1992, if such interest would have been enforceable had […]
This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of this article among states enacting it. History. Code 1981, § 44-10-7 , enacted by Ga. L. 1992, p. 2227, § 1.
A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located. Such recording shall be notice to the board of tax assessors of such county of the conveyance of the conservation easement and shall entitle the owner to a revaluation of the […]
