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UNIFORM CONSERVATION EASEMENT ACT

OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session

2024 Okla. Sess. Law Serv. Ch. 36 (S.B. 1997) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
Additions are indicated by Text; deletions by
Text.
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CHAPTER 36
S.B. No. 1997
UNIFORM CONSERVATION EASEMENT ACT
An Act relating to the Uniform Conservation Easement Act; amending 60 O.S. 2021, Section 49.3, which relates to creation, conveyance, acceptance, and duration; requiring disclosure of certain easement to potential buyer; updating statutory reference; and providing an effective date.
SUBJECT: Uniform Conservation Easement Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 60 ยง 49.3 >>
SECTION 1. AMENDATORY 60 O.S. 2021, Section 49.3, is amended to read as follows:
Section 49.3.
CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION
A. Except as otherwise provided in this act the Uniform Conservation Easement Act, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements,; provided, however, nothing herein shall authorize any entity or individual to obtain a conservation easement by condemnation.
B. No right or duty in favor of or against a holder arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
C. Except as provided in subsection B of Section 4 49.4 of this act title, the term of a conservation easement shall be the term stated in the instrument creating it.
D. An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
E. An owner of real property burdened by a conservation easement shall disclose the existence of such easement to any potential buyer of the real property.
SECTION 2. This act shall become effective November 1, 2024.
Approved April 18, 2024.
End of Document