Chapter 10 - § 10.2 • CONSERVATION EASEMENTS

• Jurisdiction: Colorado

§ 10.2 • CONSERVATION EASEMENTS

§ 10.2.1—Conservation Easements in Gross

A conservation easement in gross is a right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area, airspace above the land or water, or water rights beneficially used on that land or water area,³³⁴ owned by the grantor appropriate to the retaining or maintaining of such land, water, airspace, or water rights, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest, or other use consistent with the protection of open land, environmental quality, or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value.³³⁵

§ 10.2.2—Nature of Conservation Easements in Gross

A conservation easement in gross is an interest is real property,³³⁶ notwithstanding that it may be negative in character.³³⁷ It is not to be deemed personal in nature.³³⁸

A conservation easement in gross is perpetual unless otherwise stated in the instrument creating it.³³⁹ The particular characteristics of a conservation easement in gross are those granted or specified in the instrument creating the easement.³⁴⁰

§ 10.2.3—Creation of Conservation Easements in Gross

Persons who may create: A conservation easement in gross may be created only by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used on the land.³⁴¹

Manner of creation: A conservation easement in gross is created by a deed or other instrument of conveyance specifically stating the intention of the grantor to create a conservation easement in gross under the article relating to conservation easements.³⁴² An instrument creating, assigning, or otherwise transferring a conservation easement in gross must be recorded to be valid.³⁴³ All interests not transferred and conveyed by the instrument creating the easement remain in the grantor of the easement, including the right to engage in all uses of the lands or water or water rights affected by the easement that are not inconsistent with the easement or prohibited by the easement or by law.³⁴⁴ A conservation easement in gross is not unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed as running with the land.³⁴⁵

Persons who may acquire or retain: A conservation easement in gross may be created only through a grant to or a reservation by a governmental entity or a grant to or a reservation by a charitable organization exempt under section 501(c) (3) of the Internal Revenue Code or 1986, as amended. The organization must have been created at least two years before receipt of the conservation easement.³⁴⁶

Subject of easement: A conservation easement relating to historical, architectural, or cultural significance may be applied only to buildings, sites, or structures...