Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 232-S.F.No. 455 
           An act relating to uniform acts; enacting the Uniform 
          Conservation Easement Act; proposing coding for new 
          law as Minnesota Statutes, chapter 84C.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [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. 
    Sec. 2.  [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 3(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.  
    Sec. 3.  [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. 
    Sec. 4.  [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.  
    Sec. 5.  [84C.05] [APPLICABILITY.] 
     (a) This chapter applies to any interest created after its 
effective date 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 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 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. 
    Approved May 24, 1985