382.800
Definitions.
As
used in KRS 382.810 to 382.860, unless the context otherwise requires:
(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.
Effective:
History: Created 1988 Ky. Acts ch.
251, sec. 1, effective
382.810
Creation -- Acceptance and recordation necessary -- Duration --
Preexisting property interest.
(1)
Except as otherwise provided in KRS 382.810 to 382.860, 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 shall arise under
a conservation easement
before its acceptance by the holder and a recordation of the
acceptance.
(3)
Except as provided in KRS 382.820(2), a conservation easement shall be
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 shall not be impaired by it unless the owner of the
interest is a party to the
conservation easement or consents to it.
Effective:
History: Created 1988 Ky. Acts ch.
251, sec. 2, effective
382.820
Actions affecting easements.
(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)
KRS 382.810 to 382.860 shall not affect the power of a court to modify or
terminate
a conservation easement in accordance with the principles of
law and equity.
Effective:
History: Created 1988 Ky. Acts ch.
251, sec. 3, effective
382.830
Validity of easement.
A
conservation easement shall be 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.
Effective:
History: Created 1988 Ky. Acts ch.
251, sec. 4, effective
382.840
Applicability and effect.
(1)
KRS 382.800 to 382.860 shall apply to any interest created after
which complies with KRS 382.800 to 382.860, whether
designated as a
conservation easement or as a covenant, equitable servitude,
restriction, easement,
or otherwise.
(2)
KRS 382.800 to 382.860 shall apply to any interest created before
it would have been enforceable had it been created after
retroactive application contravenes the constitution or laws
of this state or the
(3)
KRS 382.800 to 382.860 shall 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.
Effective:
History: Created 1988 Ky. Acts ch.
251, sec. 5, effective
382.850
Transfer of easement -- Effect on mining operations and on eminent
domain powers.
(1) A
conservation easement shall not be transferred by owners of property in which
there are outstanding subsurface rights without the prior
written consent of the
owners of the subsurface rights.
(2) A
conservation easement shall not operate to limit, preclude, delete or require
waivers for the conduct of coal mining operations, including
the transportation of
coal, upon any part or all of adjacent or surrounding
properties; and shall not
operate to impair or restrict any right or power of eminent
domain created by
statute, and all such rights and powers shall be exercisable
as if the conservation
easement did not exist.
Effective:
History: Created 1988 Ky. Acts ch.
251, sec. 6, effective
382.860
Application and construction -- Uniformity of interpretation.
KRS
382.800 to 382.860 shall be applied and construed to effectuate its general
purpose
to make uniform the laws with respect to conservation
easements among states enacting
them.
Effective:
History: Created 1988 Ky. Acts ch.
251, sec. 7, effective