CHAPTER 5. UNIFORM CONSERVATION EASEMENT ACT
IC 32-23-5
Chapter 5. Uniform Conservation Easement Act
IC 32-23-5-1
Application and construction of chapter
Sec. 1. (a) This chapter applies to any interest created afterSeptember 1, 1984, that complies with this chapter, whether theinterest is designated:
(1) as a conservation easement;
(2) as a covenant;
(3) as an equitable servitude;
(4) as a restriction;
(5) as an easement; or
(6) otherwise.
(b) This chapter applies to any interest created before September1, 1984, if the interest would have been enforceable had the interestbeen created after September 1, 1984, unless retroactive applicationcontravenes the constitution or laws of Indiana or the United States.
(c) This chapter does not invalidate any interest, whetherdesignated:
(1) as a conservation easement;
(2) as a preservation easement;
(3) as a covenant;
(4) as an equitable servitude;
(5) as a restriction;
(6) as an easement; or
(7) otherwise;
if the designated interest is enforceable under another law of thisstate.
(d) This chapter shall be applied and construed to effectuate thegeneral purpose of the chapter to make uniform the laws with respectto the subject of the chapter among the states that enact languageconsistent with this chapter.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-2
"Conservation easement" defined
Sec. 2. As used in this chapter, "conservation easement" means anonpossessory interest of a holder in real property that imposeslimitations or affirmative obligations with the purpose of:
(1) retaining or protecting natural, scenic, or open space valuesof real property;
(2) assuring availability of the real property for agricultural,forest, recreational, or open space use;
(3) protecting natural resources;
(4) maintaining or enhancing air or water quality; or
(5) preserving the historical, architectural, archeological, orcultural aspects of real property.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-3
"Holder" defined
Sec. 3. As used in this chapter, "holder" means:
(1) a governmental body that is empowered to hold an interestin real property under the laws of Indiana or the United States;or
(2) a charitable corporation, charitable association, or charitabletrust, the purposes or powers of which include:
(A) retaining or protecting the natural, scenic, or open spacevalues of real property;
(B) assuring the availability of real property for agricultural,forest, recreational, or open space use;
(C) protecting natural resources;
(D) maintaining or enhancing air or water quality; or
(E) preserving the historical, architectural, archeological, orcultural aspects of real property.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-4
"Third party right of enforcement" defined
Sec. 4. As used in this chapter, "third party right of enforcement"means a right that is:
(1) provided in a conservation easement to enforce any of theconservation easement's terms; and
(2) granted to a governmental body, charitable corporation,charitable association, or charitable trust that is eligible to be aholder but is not a holder.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-5
Creation, conveyance, etc., of easements; acceptance; recordation;duration; rights of parties and others protected
Sec. 5. (a) Except as otherwise provided in this chapter, aconservation easement may be:
(1) created;
(2) conveyed;
(3) recorded;
(4) assigned;
(5) released;
(6) modified;
(7) terminated; or
(8) otherwise altered or affected;
in the same manner as other easements.
(b) A right or duty in favor of or against a holder and a right infavor of a person having a third party right of enforcement does notarise under a conservation easement before the conservationeasement is accepted by the holder and the acceptance is recorded.
(c) Except as provided in section 6(b) of this chapter, aconservation easement is unlimited in duration unless the instrumentcreating the conservation easement provides otherwise. (d) An interest in real property is not impaired by a conservationeasement if the interest exists at the time the conservation easementis created, unless the owner of the interest is a party to theconservation easement or consents to the conservation easement.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-6
Actions authorized; power of court
Sec. 6. (a) An action that affects a conservation easement may bebrought by:
(1) an owner of an interest in the real property burdened by theeasement;
(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 chapter does not affect the power of a court to modify orterminate a conservation easement in accordance with the principlesof law and equity, or the termination of a conservation easement byagreement of the grantor and grantee.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-7
Validity of conservation easements
Sec. 7. A conservation easement is valid even though:
(1) the conservation easement is not appurtenant to an interestin real property;
(2) the conservation easement can be or has been assigned toanother holder;
(3) the conservation easement is not of a character that has beenrecognized traditionally at common law;
(4) the conservation easement imposes a negative burden;
(5) the conservation easement imposes affirmative obligationsupon the owner of an interest in the burdened property or uponthe holder;
(6) the benefit does not touch or concern real property; or
(7) there is no privity of estate or of contract.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-8
Taxation
Sec. 8. For the purposes of IC 6-1.1, real property that is subjectto a conservation easement shall be assessed and taxed on a basis thatreflects the easement.
As added by P.L.2-2002, SEC.8.