South Dakota Codified Laws 1-19B-59. Validity of conservation easements
Current as of: 2023 | Check for updates
|
Other versions
A conservation easement is valid even though:
(1) It is not appurtenant to an interest in real property;
Terms Used In South Dakota Codified Laws 1-19B-59
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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.
Source: SL 1984, ch 280, § 4.