California Conservation Easement Act Updated:08/2013

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.

REMINDER: This listing is a free service of CaliforniaLandCAN.
California Conservation Easement Act is not employed by or affiliated with the California Land Conservation Assistance Network, and the Network does not certify or guarantee their services. The reader must perform their own due diligence and use their own judgment in the selection of any professional.

 

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Statewide Program in:
  • California