§ 60-49.3. Creation, conveyance, acceptance, and duration.  


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  • CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION

    A.  Except as otherwise provided in this 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.

    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.

    C.  Except as provided in subsection B of Section 4 of this act, the term of a conservation easement shall be the term stated in the instrument creating it.

    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.

Added by Laws 1999, c. 384, § 3, eff. Nov. 1, 1999.