CHAPTER 2.  LOUISIANA CONSERVATION SERVITUDE ACT

1271.  Short title

This Chapter shall be known as and may be cited as the "Louisiana Conservation Servitude Act".  

Acts 1986, No. 217, 1, eff. Jan. 1, 1987.  

1272.  Definitions

As used in this Chapter unless the context otherwise requires:

(1)  "Conservation servitude" means a nonpossessory interest of a holder in immovable property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of immovable 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, archaeological, or cultural aspects of unimproved immovable property.  

(2)  "Holder" means:

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

(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 immovable property, assuring the availability of immovable property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, archaeological, or cultural aspects of unimproved immovable property.  

(3)  "Third party right of enforcement" means a right provided in a conservation servitude 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.  

Acts 1986, No. 217, 1, eff. Jan. 1, 1987.  

1273.  Creation, conveyance, acceptance and duration

A.  Except as otherwise provided in this Chapter, a conservation servitude may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other servitudes created by contract.  

B.  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 servitude before its acceptance by the holder and a recordation of the acceptance.  

C.  A conservation servitude is unlimited in duration unless the instrument creating it otherwise provides.  

D.  Any interest in immovable property in existence at the time a conservation servitude is created is not impaired by the conservation servitude unless the owner of the interest is a party to the conservation servitude or consents to it.  

Acts 1986, No. 217, 1, eff. Jan. 1, 1987.  

1274.  Judicial actions

Any action affecting a conservation servitude may be brought by any one of the following:

(1)  An owner of an interest in the immovable property burdened by the servitude.  

(2)  A holder of the servitude.  

(3)  A person having a third party right of enforcement.  

(4)  A person otherwise authorized by law.  

Acts 1986, No. 217, 1, eff. Jan. 1, 1987.  

1275.  Applicability

A.  This Chapter applies to any interest created after December 31, 1986 which complies with the provisions of this Chapter, whether designated as a conservation servitude or as a covenant, equitable servitude, restriction, or otherwise.

B.  This Chapter applies to any interest created before January 1, 1987 if it would have been enforceable had it been created after December 31, 1986 unless retroactive application contravenes the constitution or laws of this state or the United States.

C.  This Chapter does not invalidate any interest, whether designated as a conservation or preservation servitude or as a covenant, equitable servitude, restriction, or otherwise, that is enforceable under any other law of this state.

Acts 1986, No. 217, 1, eff. Jan. 1, 1987.

1276.  Uniformity of application and construction

A.  This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting similar provisions of law.  

B.  The provisions of this Chapter shall supercede any conflicting provisions of Civil Code Article 608.  

C.  This Chapter shall not be applied or construed to allow or permit the holder or owner of such servitude to obstruct or in any way impede the construction, operation, or maintenance of needed public utility facilities as provided by law on the effective date of this Chapter.  

Acts 1986, No. 217, 1, eff. Jan. 1, 1987.