58-3810

Chapter 58.--PERSONAL AND REAL PROPERTY

Part 6.--MISCELLANEOUS PROVISIONS

Article 38.--EASEMENTS

      58-3810.   Uniform conservation easement act; definitions. As used in this act, unless the context otherwise requires:

      (a)   "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.

      (b)   "Holder" means:

      (1)   A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

      (2)   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.

      (c)   "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.

      History:   L. 1992, ch. 302, 11; July 1.

 

58-3811.   Same; creation; duration; impairment; conveyance or assignment. (a) A conservation easement may be created only by the record owner of the surface of the land specifically stating the intention of the grantor to create such an easement under this act.

      (b)   Except as otherwise provided in this act, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.

      (c)   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.

      (d)   Except as provided in subsection (b) of K.S.A. 58-3812 and unless the instrument creating it otherwise provides, a conservation easement shall be limited in duration to the lifetime of the grantor and may be revoked at grantor's request.

      (e)   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 grantor of the conservation easement.

      (f)   A conservation easement may not be conveyed or assigned by a holder to any entity or person other than a city or county of this state, an entity enumerated by subsection (b)(2) of K.S.A. 58-3810 or the grantor thereof or such grantor's heirs.

      History:   L. 1992, ch. 302, 12; July 1.

 

58-3812.   Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court. (a) An action affecting a conservation easement may be brought by:

      (1)   An owner of an interest in the real property burdened by the easement;

      (2)   a holder of the easement;

      (3)   a person having a third-party right of enforcement; or

      (4)   a person authorized by other law.

      (b)   This act does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.

      History:   L. 1992, ch. 302, 13; July 1.

 

58-3813.   Same; validity of conservation easement. A conservation easement is valid even though:

      (a)   It is not appurtenant to an interest in real property;

      (b)   it can be or has been assigned to another holder;

      (c)   it is not of a character that has been recognized traditionally at common law;

      (d)   it imposes a negative burden;

      (e)   it imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

      (f)   the benefit does not touch or concern real property; or

      (g)   there is no privity of estate or of contract.

      History:   L. 1992, ch. 302, 14; July 1.

 

 

58-3814.   Same; application of act. (a) This act applies to any interest created after its effective date which complies with this act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise.

      (b)   This act 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.

      (c)   This act 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.

      History:   L. 1992, ch. 302, 15; July 1.

58-3815.   Same; uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the act among states enacting it.

      History:   L. 1992, ch. 302, 16; July 1.

 

58-3816.   Same; certain utility and water district easements not impaired. Nothing in this act shall be construed so as to impair the rights of a public utility or city with respect to the acquisition of rights-of-way, easements or other property rights, whether through voluntary conveyance or eminent domain, upon which facilities, plants, systems or other improvements of a public utility or city are located or are to be located or so as to impair the rights of a watershed district under K.S.A. 24-1201 et seq. and amendments thereto with respect to rights-of-way, easements or other property rights upon which watershed structures are located or are to be located.

      History:   L. 1992, ch. 302, 17; July 1.

 

58-3817.   Same; short title. This act shall be known and may be cited as the uniform conservation easement act.

      History:   L. 1992, ch. 302, 18; July 1.