Section 35-18-1 Definitions. As used in this chapter, the following words have the following meanings: (1) CONSERVATION EASEMENT. 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, silvicultural, forest, […]
Section 35-18-2 Easement conveyed, recorded, assigned, etc.; term of easement; interest maintained; condemnation. (a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. A conservation easement may not be created or expanded under […]
Section 35-18-3 Actions affecting a conservation easement. (a) An action affecting a conservation easement may be brought by any of the following: (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 only to the extent […]
Section 35-18-4 Validity of easement. A conservation easement is valid even though any of the following apply: (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) […]
Section 35-18-5 Creation of instrument; other interests valid. (a) Any instrument intended to create a conservation easement under this chapter shall contain an explicit reference to that effect. (b) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that […]
Section 35-18-6 Relation to “Forever Wild Amendment.” The provisions of this chapter are intended to be cumulative and supplemental to the provisions of Amendment No. 543 of the Constitution of Alabama of 1901, commonly known as the “Forever Wild Amendment,” and any other provisions of law, and shall not be construed to repeal any law […]
