CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION

1. A. Except as otherwise provided in the Uniform Conservation Easement Act, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements; provided, however, nothing herein shall authorize any entity or individual to obtain a conservation easement by condemnation.
2. B. No right or duty in favor of or against a holder arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
3. C. Except as provided in subsection B of Section 49.4 of this title, the term of a conservation easement shall be the term stated in the instrument creating it.
4. D. 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.
5. E. An owner of real property burdened by a conservation easement shall disclose the existence of such easement to any potential buyer of the real property.

Laws 1999, SB 266, c. 384, § 3, eff. November 1, 1999; Amended by Laws 2024, SB 1997, c. 36, § 1, eff. November 1, 2024 (superseded document available).