PROPERTY IN GENERAL
CHAPTER 21
UNIFORM CONSERVATION EASEMENT ACT
55-2101.
Definitions. As used in this chapter:
(1) "Conservation
easement" means a nonpossessory interest of a
holder in real property imposing limitations or affirmative obligations the
purposes of which include retaining or protecting natural, scenic, or
open-space values of real property, assuring its availability for agricultural,
forest, recreational, or open-space use, protecting natural resources,
maintaining or enhancing air or water quality, or preserving the historical,
architectural, archaeological, or cultural aspects of real property.
(2) "Holder"
means:
(a) A
governmental body empowered to hold an interest in real property under the laws
of this state or the
(b) A
charitable corporation, charitable association, or charitable trust, the
purposes or powers of which include retaining or protecting the natural,
scenic, or open-space values of real property, assuring the availability of
real property for agricultural, forest, recreational, or open-space use,
protecting natural resources, maintaining or enhancing air or water quality, or
preserving the historical, architectural, archaeological, or cultural aspects
of real property.
(3) "Third-party
right of enforcement" means a right provided in a conservation easement to
enforce any of its terms granted to a governmental body, charitable
corporation, charitable association, or charitable trust, which, although
eligible to be a holder, is not a holder.
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.
55-2103.Persons
who may bring actions -- Powers of the court. (1) An action
affecting a conservation easement may be brought by:
(a) An
owner of an interest in the real property burdened by the easement;
(b) A
holder of the easement;
(c) A
person having a third-party right of enforcement; or
(d) A
person authorized by other law.
(2) This
chapter does not affect the power of a court to modify or terminate a
conservation easement in accordance with the principles of law and equity.
55-2104.
Validity of conservation easements. A conservation
easement is valid even though:
(1) It
is not appurtenant to an interest in real property;
(2) It
can be or has been assigned to another holder;
(3) It
is not of a character that has been recognized traditionally at common law;
(4) It
imposes a negative burden;
(5) It
imposes affirmative obligations upon the owner of an interest in the burdened
property or upon the holder;
(6) The
benefit does not touch or concern real property; or
(7) There
is no privity of estate or of contract.
55-2105.
Applicability of this chapter. (1) This chapter
applies to any interest created after its effective date which complies with
this chapter, whether designated as a conservation easement or as a covenant,
equitable servitude, restriction, easement, or otherwise. The instrument
creating the conservation easement shall state it was created under the
provisions of this chapter.
(2) This
chapter applies to any interest created before its effective date if it would
have been enforceable had it been created after its effective date unless
retroactive application contravenes the constitution or laws of this state or
the United States.
This
chapter does not invalidate any interest, whether designated as a conservation
or preservation easement or as a covenant, equitable servitude, restriction,
easement, or otherwise, that is enforceable under other law of this state.
55-2106.
Uniformity of application and construction. This chapter shall
be applied and construed to effectuate its general purpose to make uniform the
laws with respect to the subject of the chapter among states enacting it.
55-2107. Eminent
domain. A conservation easement pursuant to
this chapter shall not be created through eminent domain proceedings pursuant
to chapter 7, title 7,
Idaho Code.
55-2108.
Other interests not impaired by conservation easements. No interest in real
property cognizable under the statutes, common law or custom in effect in this
state prior to the effective date of this chapter shall be impaired,
invalidated, or in any way adversely affected by reason of any provision of
this chapter. No provision of this chapter shall be construed to mean that
conservation easements were not lawful estates in land prior to the effective
date of this chapter. Nothing in this chapter shall be construed so as to
impair the rights of any entity with eminent domain authority pursuant to chapter 7, title 7,
Idaho Code, with respect to right-of-way, easements or other property rights
upon which facilities, plants, highway systems or other systems of that entity
are located or are to be located. Nothing in this chapter shall be construed so
as to impair or conflict with the provisions of chapter 46,
title 67, Idaho Code, relating to the preservation of historic
sites, or with the provisions of chapter 43,
title 67, Idaho Code, relating to the preservation of
recreational places.
55-2109.Taxation. The granting of a
conservation easement across a piece of property shall not have an effect on
the market value of property for ad valorem tax
purposes and when the property is assessed for ad valorem
tax purposes, the market value shall be computed as if the conservation
easement did not exist.