57-18-2. Definition and characteristics of conservation easement.
(1) As used in this chapter, "conservation easement" means an easement, covenant,
restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record
owner of the underlying real property for the purpose of preserving and maintaining land or water
areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural,
cultural, wildlife habitat or other use or condition consistent with the protection of open land.
(2) A conservation easement is an interest in land and runs with the land benefited or
burdened by the easement.
(3) A conservation easement is valid whether it is appurtenant or in gross.
(4) A conservation easement is enforceable by the holder to the easement and its
successors and assigns. A conservation easement is enforceable against the grantor and its
successors and assigns.
Enacted by Chapter 155, 1985 General Session
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Last revised: Thursday, May 28, 2009