457A.1 Acquisition by
other than condemnation.
The department of natural resources, soil and water conservation
districts as provided in chapter 161A, the historical division of the
department of cultural affairs, the state archaeologist appointed by the state
board of regents pursuant to section 263B.1, any county conservation board,
and any city or agency of a city may acquire by purchase, gift, contract, or
other voluntary means, but not by eminent domain, conservation easements in
land to preserve scenic beauty, wildlife habitat, riparian lands, wetlands, or
forests; promote outdoor recreation, agriculture, soil or water conservation,
or open space; or otherwise conserve for the benefit of the public the natural
beauty, natural and cultural resources, and public recreation facilities of the
state.
[C71,
73, 75, 77, 79, 81, §111D.1; 82 Acts, ch 1199, §58,
96]
86
Acts, ch 1245, §1873
C93,
§457A.1
2002
Acts, ch 1012, §1; 2003 Acts, ch
128, §1
1. "Conservation easement" means an
easement in, servitude upon, restriction upon the use of, or other interest in
land owned by another, created for any of the purposes set forth in section 457A.1. A conservation easement
shall be transferable to any other public body authorized to acquire
conservation easements. A conservation easement shall be perpetual unless
expressly limited to a lesser term, or unless released by the holder, or unless a change of circumstances renders the
easement no longer beneficial to the public. A comparative economic test
shall not be used to determine whether a conservation easement is beneficial to
the public. A conservation easement shall be enforceable during the term
of the easement notwithstanding sections 614.24 through 614.38.
2. "Natural and cultural resources"
includes, but is not limited to, archaeological and historical resources.
[C71,
73, 75, 77, 79, 81, §111D.2]
86
Acts, ch 1245, §1874
C93,
§457A.2
2002
Acts, ch 1012, §2; 2003 Acts, ch
44, §70
Conservation easements shall be recorded as other instruments
affecting real estate are recorded, and each public body acquiring one or more
conservation easements shall maintain a current inventory thereof.
Unrecorded and uninventoried conservation easements
shall be deemed abandoned.
[C71,
73, 75, 77, 79, 81, §111D.3]
C93,
§457A.3
A conservation easement shall clearly state its extent and
purpose.
[C71,
73, 75, 77, 79, 81, §111D.4]
C93,
§457A.4
The powers accorded by this chapter shall be in addition to, and
not in derogation of, all powers provided by law with respect to the public
bodies named in section 457A.1.
[C71,
73, 75, 77, 79, 81, §111D.5]
C93,
§457A.5
457A.8 Privately held easements.
A conservation easement may be held by a private, nonprofit
organization for public benefit if the instrument granting
the easement or the bylaws of the organization provide that the easement
will be transferred either to a public body or another private, nonprofit
organization upon the dissolution of the private, nonprofit organization.
A conservation easement meeting these requirements acquired after
84
Acts, ch 1115, §1
C85,
§111D.8
C93,
§457A.8