84C.01 DEFINITIONS. As used in this chapter, 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 […]
84C.02 CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION. (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. (b) No right or duty in favor of or against a holder and no right in favor […]
84C.03 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 chapter does […]
84C.04 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 […]
84C.05 APPLICABILITY. (a) This chapter applies to any interest created after August 1, 1985, which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. (b) This chapter applies to any interest created before August 1, 1985, if it would have been enforceable had it […]
