Section 34.17.010. Creation, conveyance, acceptance, and duration.

   (a) Except as otherwise provided in AS 34.17.010 - 34.17.060, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
   (b) A right or duty in favor of or against a holder and a right in favor of a person having a third-party right of enforcement may not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.
   (c) Except as provided in AS 34.17.020(b), a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides a limitation on duration.
   (d) An interest in real property in existence at the time a conservation easement is created is not impaired by the conservation easement unless the owner of the interest is a party to or consents to the conservation easement.
   (e) The state or a municipality may not establish a conservation easement on property by eminent domain.

Authorities

29.45.062;34.17.010;34.17.020;34.17.040;34.17.060;34.17.100

Notes

References

AS 29.45.062 Land subject to a conservation easement.
AS 34.17.010 Creation, conveyance, acceptance, and duration.
AS 34.17.020 Judicial actions.
AS 34.17.040 Applicability.
AS 34.17.060 Definitions.
AS 34.17.100 Public recreational use easements.

History

(Sec. 1 ch 73 SLA 1989)