(a)Alaska Stat. § 34.17.010 – 34.17.060 apply to an interest created on or after May 31, 1989 that complies with Alaska Stat. § 34.17.010 – 34.17.060, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
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Terms Used In Alaska Statutes 34.17.040

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b)Alaska Stat. § 34.17.010 – 34.17.060 apply to an interest created before May 31, 1989 if the interest would have been enforceable if it had been created after May 31, 1989 unless the retroactive application contravenes the constitution or laws of the state or the United States.
(c)Alaska Stat. § 34.17.010 – 34.17.060 do not invalidate an interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under the law of the state.
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