55-2104. VALIDITY OF CONSERVATION EASEMENTS. 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.
History:
[55-2104, added 1988, ch. 222, sec. 1, p. 423.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT
Section 55-2101 - DEFINITIONS.
Section 55-2102 - CONSERVATION EASEMENT CREATED — CONVEYANCE — ACCEPTANCE — DURATION.
Section 55-2103 - PERSONS WHO MAY BRING ACTIONS — POWERS OF THE COURT.
Section 55-2104 - VALIDITY OF CONSERVATION EASEMENTS.
Section 55-2105 - APPLICABILITY OF THIS CHAPTER.
Section 55-2106 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 55-2107 - EMINENT DOMAIN.
Section 55-2108 - OTHER INTERESTS NOT IMPAIRED BY CONSERVATION EASEMENTS.