§ 15-20-401. Title

This subchapter shall be known and may be cited as the “Conservation Easement Act”.

§ 15-20-402. Definitions

As used in this subchapter, unless the context otherwise requires: (1) “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 […]

§ 15-20-403. Applicability and construction

(a) This subchapter applies to any interest created after July 4, 1983, which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. (b) This subchapter applies to any interest created before July 4, 1983, if it would have been enforceable had it been created […]

§ 15-20-404. Creation, conveyance, etc

Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.

§ 15-20-405. Acceptance

No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

§ 15-20-406. Duration

Except as provided in § 15-20-409(b), a conservation easement is unlimited in duration unless the instrument creating it provides otherwise.

§ 15-20-407. Effect on existing interests

An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

§ 15-20-408. Validity

A conservation easement is valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes affirmative obligations […]

§ 15-20-409. Judicial actions

(a) An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having a third-party right of enforcement; or (4) A person authorized by other law. (b) This subchapter does not affect the […]

§ 15-20-410. Easements held by Old State House Commission

(a) (1) Approval of the creation, modification, or termination of a conservation easement held by the Old State House Commission shall be executed by the Director of the Old State House Commission in accordance with the rules promulgated by the Old State House Commission to assure that conservation easements shall be in the public interest. […]