57-18-4. Requirements for creation.
(1) Any property owner may grant a conservation easement to any other qualified person
as defined in Section 57-18-3 in the same manner and with the same effect as any other
conveyance of an interest in real property.
(2) A conservation easement shall be in writing and shall be recorded in the office of the
recorder of the county in which the easement is granted.
(3) The instrument that creates a conservation easement shall identify and describe the
land subject to the conservation easement by legal description, specify the purpose for which the
easement is created, and include a termination date or a statement that the easement continue in
perpetuity.
(4) Any qualified person, as defined in Section 57-18-3, that receives a conservation
easement shall disclose to the easement's grantor, at least three days prior to the granting of the
easement, the types of conservation easements available, the legal effect of each easement, and
that the grantor should contact an attorney concerning any possible legal and tax implications of
granting a conservation easement.
Enacted by Chapter 155, 1985 General Session
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Last revised: Thursday, May 28, 2009