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33 §476. Definitions

§476. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 395, §3 (NEW).] 1.  Conservation easement.  “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, […]

33 §477-A. Conservation easement standards

§477-A. Conservation easement standards 1.  Conservation values.  A conservation easement executed on or after the effective date of this section must include a statement of the conservation purposes of the easement, the conservation attributes associated with the real property and the benefit to the general public intended to be served by the restriction on uses […]

33 §477. Creation, conveyance, acceptance and duration

§477. Creation, conveyance, acceptance and duration 1.  Conservation easement.  Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned or partially released in the same manner as other easements created by written instrument. A conservation easement may be terminated or amended by the parties only as provided in section […]

33 §478. Judicial actions

§478. Judicial actions 1.  Action or intervention.  An action affecting a conservation easement may be brought or intervened in by:   A. An owner of an interest in the real property burdened by the easement;   [PL 1985, c. 395, §3 (NEW).] B. A holder of the easement;   [PL 2007, c. 412, §5 (AMD).] […]

33 §479-A. Applicability

§479-A. Applicability 1.  Interest created after effective date.  This subchapter applies to any interest created after its effective date which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise.   [PL 1985, c. 395, §3 (NEW).] 2.  Conservation easement created before effective date.  This […]

33 §479-B. Uniformity of application and construction

§479-B. Uniformity of application and construction This subchapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the subchapter among states enacting it.   [PL 1985, c. 395, §3 (NEW).] SECTION HISTORY PL 1985, c. 395, §3 (NEW).

33 §479-C. Conservation lands registry

§479-C. Conservation lands registry A holder of a conservation easement or a fee owner of land for conservation purposes that is organized or doing business in the State shall annually report to the Department of Agriculture, Conservation and Forestry the book and page number at the registry of deeds for each conservation easement that it […]

33 §479. Validity

§479. Validity A conservation easement is valid even though:   [PL 1985, c. 395, §3 (NEW).] 1.  Not appurtenant to interest in real property.  It is not appurtenant to or does not run with an interest in real property;   [PL 1985, c. 395, §3 (NEW).] 2.  Assigned to another holder.  It can be or […]