2014 Indiana Code TITLE 32. PROPERTY ARTICLE 23. CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE CHAPTER 5. UNIFORM CONSERVATION EASEMENT ACT
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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 after
September 1, 1984, that complies with this chapter, whether the
interest 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 September
1, 1984, if the interest would have been enforceable had the interest
been created after September 1, 1984, unless retroactive application
contravenes the constitution or laws of Indiana or the United States.
(c) This chapter does not invalidate any interest, whether
designated:
(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 this
state.
(d) This chapter shall be applied and construed to effectuate the
general purpose of the chapter to make uniform the laws with respect
to the subject of the chapter among the states that enact language
consistent with this chapter.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-2
"Conservation easement"
Sec. 2. As used in this chapter, "conservation easement" means a
nonpossessory interest of a holder in real property that imposes
limitations or affirmative obligations with the purpose of:
(1) retaining or protecting natural, scenic, or open space values
of 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, or
cultural aspects of real property.
As added by P.L.2-2002, SEC.8.
IC 32-23-5-3
"Holder"
Sec. 3. As used in this chapter, "holder" means any of the
following:
(1) A governmental body that is empowered to hold an interest
in real property under the laws of Indiana or the United States.
(2) A charitable corporation, charitable association, nonprofit
corporation, or charitable trust, the purposes or powers of which
include:
(A) retaining or protecting the natural, scenic, or open space
values of real property;
(B) assuring the availability of real property for agricultural,
forest, recreational, or open space use;
(C) protecting natural resources;
(D) protecting property bordering lakes;
(E) maintaining or enhancing air or water quality; or
(F) preserving the historical, architectural, archeological, or
cultural aspects of real property.
As added by P.L.2-2002, SEC.8. Amended by P.L.49-2013, SEC.1.
IC 32-23-5-4
"Third party right of enforcement"
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 the
conservation easement's terms; and
(2) granted to a governmental body, charitable corporation,
charitable association, or charitable trust that is eligible to be a
holder 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, a
conservation 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 in
favor of a person having a third party right of enforcement does not
arise under a conservation easement before the conservation easement
is accepted by the holder and the acceptance is recorded.
(c) Except as provided in section 6(b) of this chapter, a
conservation easement is unlimited in duration unless the instrument
creating the conservation easement provides otherwise.
(d) An interest in real property is not impaired by a conservation
easement if the interest exists at the time the conservation easement
is created, unless the owner of the interest is a party to the
conservation 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 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, or the termination of a conservation easement by
agreement 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 interest
in real property;
(2) the conservation easement can be or has been assigned to
another holder;
(3) the conservation easement is not of a character that has been
recognized traditionally at common law;
(4) the conservation easement imposes a negative burden;
(5) the conservation easement 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.
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 subject
to a conservation easement shall be assessed and taxed on a basis that
reflects the easement.
As added by P.L.2-2002, SEC.8.
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