VALIDITY OF CONSERVATION EASEMENTS.

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55-2104. VALIDITY OF CONSERVATION EASEMENTS. A conservation easement is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been 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; or

(7) There is no privity of estate or of contract.

History:

[55-2104, added 1988, ch. 222, sec. 1, p. 423.]


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