(2) Except as otherwise provided in ORS 271.715 to 271.795, a conservation easement or highway scenic preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
(3) The state, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 to 451.610 to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (5) may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain unless specifically authorized by law, highway scenic preservation easements in land within 100 yards of state, county or city highway rights of way. These easements may be acquired only in lands that possess significant scenic value in themselves and contribute to the overall scenic beauty of the highway.
(4) 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 or highway scenic preservation easement before its acceptance by the holder and recordation of the acceptance.
(5) Except as provided in ORS 271.755 (2) a conservation easement or highway scenic preservation easement is unlimited in duration unless the instrument creating it otherwise provides.
(6) An interest in real property in existence at the time a conservation easement or highway scenic preservation easement is created is not impaired by it unless the owner of the interest is a party to or consents to the conservation easement or highway scenic preservation easement. [1983 c.642 §2; 1985 c.160 §2; 1997 c.249 §79; 1999 c.208 §2; 2003 c.467 §2; 2005 c.368 §2]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 271 - Use and Disposition of Public Lands Generally; Easements
Section 271.005 - Definitions for ORS 271.005 to 271.540.
Section 271.080 - Vacation in incorporated cities; petition; consent of property owners.
Section 271.110 - Notice of hearing.
Section 271.130 - Vacation on city governing body’s own motion; appeal.
Section 271.200 - Petition; notice.
Section 271.230 - Records of vacations; fees.
Section 271.300 - Application and administration of ORS 271.300 to 271.360; rules.
Section 271.330 - Relinquishing title of property not needed for public use.
Section 271.335 - Relinquishing reversionary interest held by political subdivision.
Section 271.445 - Installation of fiber-optic lines on public land and in public right of way.
Section 271.530 - Powers of counties and cities to acquire and dispose of industrial facilities.
Section 271.600 - Use of term "squaw"; exceptions.
Section 271.715 - Definitions for ORS 271.715 to 271.795.
Section 271.725 - Acquisition and creation of conservation or highway scenic preservation easement.
Section 271.735 - Hearing; notice.
Section 271.745 - Validity of conservation or highway scenic preservation easement.