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

171 words·~1 min read·/ak/title-34/chapter-17/34-17-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.