HB0315 - Conservation easements.
|
2001 |
State of Wyoming |
01LSO-0664 |
HOUSE BILL NO. HB0315
Conservation easements.
Sponsored by: Representative(s) Nicholas
A BILL
for
1 AN ACT relating to real
property; providing for
2
conservation easements as specified; providing for creation
3 and
conveyance of the easement as specified; providing
4
definitions; providing for actions and validity; reserving
5
right of the state regarding eminent domain and to tax
6
interests created; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 34-1-201 through 34-1-206 are created
11 to read:
12
13 ARTICLE 2
14 UNIFORM CONSERVATION EASEMENT ACT
15
16 34-1-201. Short title; definitions.
17
Page 1
1 (a) This act
shall be known and may be cited as the
2
"Uniform Conservation Easement Act."
3
4 (b) As used in
this act, unless the context requires
5
otherwise:
6
7 (i) "Conservation
easement" means a
8
nonpossessory interest of a holder in real property
9
imposing limitations or affirmative obligations the
10 purposes of which include retaining or
protecting natural,
11 scenic, or open-space values of real
property, assuring its
12 availability for agriculture, forest,
recreational, or
13 open-space use, protecting natural
resources, maintaining
14 or enhancing air or water quality, or
preserving the
15 historical, architectural, archeological or
cultural
16 aspects of real property;
17
18 (ii) "Holder" means:
19
20 (A) A
governmental body empowered to hold
21 an interest in real property under the laws
of this state
22 or the United States; or
23
Page 2
1 (B) A
charitable corporation, charitable
2
association or charitable trust, a primary purpose or power
3 of
which includes retaining or protecting the natural,
4
scenic or open-space values of real property, assuring the
5
availability of real property for agricultural, forest,
6
recreational or open-space use, protecting natural
7 resources,
maintaining or enhancing air or water quality,
8 or
preserving the historical, architectural, archeological
9 or
cultural aspects of real property.
10
11 (iii) "Third-party
right of enforcement" means a
12 right provided in a conservation easement to
enforce any of
13 its terms granted to a governmental body,
charitable
14 corporation, charitable association or
charitable trust,
15 which, although eligible to be a holder, is
not a holder;
16
17 (iv) "This
act" means W.S. 34-1-201 through
18 34-1-206.
19
20 34-1-202. Creation; conveyance;
acceptance and
21 duration.
22
23 (a) Except as
otherwise provided in this act, a
24 conservation easement may be created,
conveyed, recorded,
Page 3
1
assigned, released, modified, terminated or otherwise
2
altered or affected in the same manner as other
3
easements. The provisions of W.S. 34-1-141 shall apply to
4
this act.
5
6 (b) No right or
duty in favor of or against a holder
7 and
no right in favor of a person having a third-party
8
right of enforcement arises under a conservation easement
9
before its acceptance by the holder and a recordation of
10 the acceptance.
11
12 (c) Except as
provided by W.S. 34-1-203(b), a
13 conservation easement is unlimited in
duration unless the
14 instrument creating the easement provides
otherwise.
15
16 (d) An interest
in real property and any interest in
17 minerals including a leasehold interest in
existence at the
18 time a conservation easement is created is
not impaired in
19 any way by it unless the owner of that
interest is a party
20 to the conservation easement or consents to
it.
21
22 34-1-203. Judicial action; modification; termination.
23
Page 4
1 (a) An action
affecting a conservation easement may
2 be
brought by:
3
4 (i) An owner of
an interest in the real property
5
burdened by the easement;
6
7 (ii) A holder of the easement;
8
9 (iii) A person
having third-party rights of
10 enforcement, as named in the instrument
creating the
11 easement.
12
13 (b) This act
shall not affect the power of a court to
14 modify or terminate a conservation easement
in accordance
15 with the principles of law and equity.
16
17 34-1-204. Validity.
18
19 (a) A conservation easement is valid even though:
20
21 (i) It is not
appurtenant to an interest in real
22 property;
23
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1 (ii) It can be
or has been assigned to another
2
holder;
3
4 (iii) It is not
of a character that has been
5
recognized traditionally at common law;
6
7 (iv) It imposes a negative burden;
8
9 (v) It imposes
affirmative obligations upon the
10 owner of an interest in the burdened
property or upon the
11 holder;
12
13 (vi) The benefit
does not touch or concern the
14 real property; or
15
16 (vii) There is no
privity of estate or of
17 contract.
18
19 34-1-205. Applicability.
20
21 (a) This act
shall apply to any interest created
22 after its effective date which complies with
the
23 requirements of this act, whether designated
as a
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1
conservation easement or as a covenant, equitable
2
servitude, restriction, easement or otherwise.
3
4 (b) This act
shall apply to any interest created
5
before its effective date if it would have been enforceable
6 had
it been created after the effective date of this act
7
unless retroactive application contravenes the constitution
8 or
laws of this state or the United States.
9
10 (c) This act
does not invalidate any interest whether
11 designated as a conservation or preservation
easement, a
12 covenant, equitable servitude, restriction,
easement or
13 other designation that is enforceable under
any other law
14 of this state.
15
16 34-1-206. Uniformity of application and construction.
17
18 This act shall be applied and construed to
effectuate its
19 general purpose to make uniform the laws
with respect to
20 the subject of the act among the states
enacting it.
21
22 Section 2. This act is effective July 1, 2001.
23
24 (END)
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