§20-12-1. Short Title

This article shall be known and may be cited as the "Conservation and Preservation Easements Act".

§20-12-2. Purpose of Article

The West Virginia Legislature recognizes the importance and significant public benefit of conservation and preservation easements in its ongoing efforts to protect the natural, historic, agricultural, open-space and scenic resources of this state.

§20-12-3. Definitions

The following words and phrases when used in this article have the meanings given to them in this section unless the context clearly indicates otherwise: (a) "Conservation easement" means a nonpossessory interest of a holder in real property, whether appurtenant or in gross, imposing limitations or affirmative obligations, the purposes of which include, but are […]

§20-12-4. Creation, Transfer and Duration

(a) Except as otherwise provided in this article, a conservation or preservation 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 of a holder, successive holder named in the easement deed or person having a third-party right […]

§20-12-5. Judicial and Related Actions

(a) An action affecting a conservation or preservation easement may be brought by any of the following: (1) An owner of an interest in the real property burdened by the easement;

§20-12-6. Validity

(a) A conservation or preservation easement is valid even though: (1) It is not appurtenant to an interest in real property;

§20-12-7. Applicability

(a) This article applies to any interest created after the effective date of this article, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. (b) This article applies to any interest created before the effective date when the interest would have been enforceable had it been […]

§20-12-8. Uniformity of Application and Construction

This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of this article among states enacting similar laws. Except as expressly otherwise provided, nothing contained in this article is intended to be construed to alter applicable established common law. In a manner consistent […]