TITLE 55

PROPERTY IN GENERAL

CHAPTER 21

UNIFORM CONSERVATION EASEMENT ACT

55-2102.  Conservation easement created — Conveyance — Acceptance — Duration. (1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.

(2)  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.

(3)  Except as provided in subsection (2) of section 55-2103, Idaho Code, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.

(4)  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.

History:

[55-2102, added 1988, ch. 222, sec. 1, p. 423.]