Validity of conservation or highway scenic preservation easement.

  1. Law
  2. Oregon Revised Statutes
  3. Public Facilities and Finance
  4. Use and Disposition of Public Lands Generally; Easements
  5. Validity of conservation or highway scenic preservation easement.

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(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. [1983 c.642 §4; 1985 c.160 §4]


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