A conservation easement is valid even though one or more of the following exist:
- (1) It is not appurtenant to or does not run with an interest in real property.
- (2) It may be or has been assigned to another holder.
- (3) It is not of a character recognized traditionally at common law.
- (4) It imposes a negative burden.
- (5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder.
- (6) The benefit does not touch or concern real property.
- (7) There is no privity of estate or of contract.
- (8) It does not run to the successors and assigns of the holder.
HISTORY: 1991 Act No. 92, Section 1.