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| Home > Statutes > USA Minnesota |
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USA Statutes : minnesota
Title : CONSERVATION
Chapter : Conservation easements
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84C.01 Definitions. As used in this chapter, 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: (i) a governmental body empowered to hold
an interest in real property under the laws of this state or the
United States; or (ii) 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.
84C.02 Creation, conveyance, acceptance, and duration. (a) 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. (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 arises under a conservation easement before its
acceptance by the holder and a recordation of the acceptance.
(c) Except as provided in section 84C.03,
clause (b), a conservation easement is unlimited in duration unless
the instrument creating it otherwise provides. (d) 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.
84C.03 Judicial actions. (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 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.
84C.04 Validity. 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.
84C.05 Applicability. (a) This chapter applies to any interest created after
August 1, 1985, which complies with this chapter, whether designated
as a conservation easement or as a covenant, equitable servitude,
restriction, easement, or otherwise. (b) This chapter applies to
any interest created before August 1, 1985, if it would have been
enforceable had it been created after August 1, 1985, 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
easement or as a covenant, equitable servitude, restriction,
easement, or otherwise, that is enforceable under other law of this
state.
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