Validity of Conservation Easements

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Sec. 7. A conservation easement is valid even though:

(1) the conservation easement is not appurtenant to an interest in real property;

(2) the conservation easement can be or has been assigned to another holder;

(3) the conservation easement is not of a character that has been recognized traditionally at common law;

(4) the conservation easement imposes a negative burden;

(5) the conservation easement 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.

[Pre-2002 Recodification Citation: 32-5-2.6-4.]

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


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