Title 44, Chapter 10, Section 3
( 44-10-3)
(a) Except as otherwise provided in this article, a conservation
easement may be created, conveyed, recorded, assigned, released,
modified, terminated, or otherwise altered or affected in the same
manner as other easements, except that a conservation easement may
not be created or expanded by the exercise of the power of eminent
domain. (b) No right or duty in favor of or against a holder and no right in
favor of a person having a third-party right of enforcement arises
under a conservation easement before its acceptance by the holder
and a recordation of the acceptance. (c) Except as provided in subsection (c) of Code Section 44-10-4, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides. (d) An interest in real property in existence at the time a
conservation easement is created is not impaired by it unless the
owner of the interest is a party to the conservation easement or
consents to it. (e) The ownership or attempted enforcement of rights held by the
holder of an easement shall not subject such holder to any liability
for any damage or injury that may be suffered by any person on the
property or as a result of the condition of such property encumbered
by a conservation easement. |