§ 121-34 – Short title.
121-34. Short title. The title of this Article shall be known as the "Conservation and Historic Preservation Agreements Act." (1979, c. 747, s. 1; 2004-195, s. 1.3.)
§ 121-35 – Definitions.
121-35. Definitions. Subject to any additional definitions contained in this Article, or unless the context otherwise requires: (1) A "conservation agreement" means a right, whether or not stated in the form of a restriction, reservation, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of […]
§ 121-36 – Applicability.
121-36. Applicability. (a) This Article shall apply to all conservation and preservation agreements falling within its terms and conditions. (b) This Article shall not be construed to make unenforceable any restriction, easement, covenant or condition which does not comply with the requirements of this Article. (c) This Article shall not be construed to diminish the […]
§ 121-37 – Acquisition and approval of conservation and preservation agreements.
121-37. Acquisition and approval of conservation and preservation agreements. Subject to the conditions stated in this Article, any holder may, in any manner, acquire, receive or become a party of a conservation agreement or a preservation agreement. (1979, c. 747, s. 4.)
§ 121-38 – Validity of agreements.
121-38. Validity of agreements. (a) No conservation or preservation agreement shall be unenforceable because of (1) Lack of privity of estate or contract, or (2) Lack of benefit to particular land or person, or (3) The assignability of the benefit to another holder as defined in this Article. (b) These agreements are interests in land […]
§ 121-39 – Enforceability of agreements.
121-39. Enforceability of agreements. (a) Conservation or preservation agreements may be enforced by the holder by injunction and other appropriate equitable relief administered or afforded by the courts of this State. Where appropriate under the agreement, damages, or other monetary relief may also be awarded either to the holder or creator of the agreement or […]
§ 121-39.1 – Termination or modification of agreements.
121-39.1. Termination or modification of agreements. (a) Easements secured by the Agricultural Development and Farmland Preservation Trust Fund, including perpetual agricultural conservation easements and forest land easements, military base protection and flyway easements regardless of funding source, or any other agricultural conservation easement that has been secured, in whole or in part, with federal funds […]
§ 121-40 – Assessment of land or improvements subject to agreement.
121-40. Assessment of land or improvements subject to agreement. For purposes of taxation, land and improvements subject to a conservation or preservation agreement shall be assessed on the basis of the true value of the land and improvement less any reduction in value caused by the agreement. (1979, c. 747, s. 7.)
§ 121-41 – Public recording of agreements.
121-41. Public recording of agreements. (a) Except as provided in subsection (c) of this section, conservation agreements shall be recorded in the office of the Register of Deeds of the county or counties in which the subject land or improvement is located, in the same manner as deeds are now recorded. (b) Releases or terminations […]
§ 121-42 – Citation of Article.
121-42. Citation of Article. This Article shall be known and may be cited as the "Conservation and Historic Preservation Agreements Act." (1979, c. 747, s. 9; 2004-195, s. 1.4.)