1. (a) Except as otherwise provided in this chapter, a conservation easement may be:

   1. (1) created;
   2. (2) conveyed;
   3. (3) recorded;
   4. (4) assigned;
   5. (5) released;
   6. (6) modified;
   7. (7) terminated; or

   8. (8) otherwise altered or affected;

      in the same manner as other easements.

2. (b) A right or duty in favor of or against a holder and a right in favor of a person having a third party right of enforcement does not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.
3. (c) Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise.

4. (d) An interest in real property is not impaired by a conservation easement if the interest exists at the time the conservation easement is created, unless the owner of the interest is a party to the conservation easement or consents to the conservation easement.

   [Pre-2002 Recodification Citation: 32-5-2.6-2.]

As added by P.L.2-2002, SEC.8.