58-3810. Uniform conservation easement act; definitions. As used in this act, unless the context otherwise requires:
(a) "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.
(b) "Holder" means:
(1) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(2) 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.
(c) "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.
History: L. 1992, ch. 302, ยง 11; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
58-3801 Creation of solar easements; recordation.
58-3810 Uniform conservation easement act; definitions.
58-3811 Same; creation; duration; impairment; conveyance or assignment.
58-3813 Same; validity of conservation easement.
58-3814 Same; application of act.
58-3815 Same; uniformity of application and construction.
58-3816 Same; certain utility and water district easements not impaired.
58-3820 Restrictive covenants; political yard signs; limitations.
58-3821 Transfer fee covenant; definitions; not enforceable.