Conservation easements are a particular kind of easement, but it runs against many state laws that govern easements. For this reason, each state must create a statute that enables the creation of a conservation easement.
The California Conservation Easement Act (1979) is the legislation that enables the creation of conservation easements in California. The Act establishes that:
(1) a conservation easement is an enforceable property interest notwithstanding the lack of local governmental approval;
(2) it is freely alienable among qualified holders to effect conservation purposes;
(3) it is to be deemed to run with the land and thus bind a landowner's successor-in-interest;
(4) it is enforceable notwithstanding lack of privity of contract, lack of any benefit to particular land or absence of a deed provision providing that it is to run with the land; and
(5) it is enforceable by injunction.
Contact California Conservation Easement Act