Colorado § 38-30.5-103 - Nature of conservation easements in gross.
Full text of Colorado Colorado Revised Statutes § 38-30.5-103 — Nature of conservation easements in gross., with citation guidance and answers to common questions.
§ 38-30.5-103. Nature of conservation easements in gross.
(1) A conservation easement in gross is an interest in real property freely transferable in whole or in part for the purposes stated in section 38-30.5-102 and transferable by any lawful method for the transfer of interests in real property in this state.
(2) A conservation easement in gross shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding that it may be negative in character.
(3) A conservation easement in gross shall be perpetual unless otherwise stated in the instrument creating it.
(4) The particular characteristics of a conservation easement in gross shall be those granted or specified in the instrument creating the easement.
(5) A conservation easement in gross that encumbers water or a water right as permitted by section 38-30.5-104 (1) may be created only by the voluntary act of the owner of the water or water right and may be made revocable by the instrument creating it.
(6) On and after January 1, 2020, prior to creating a conservation easement in gross, the owner of the property who is granting the conservation easement shall execute a disclosure form that includes, but is not limited to, an acknowledgment that the conservation easement is being granted in perpetuity. The division of conservation in cooperation with the conservation easement oversight commission shall develop the disclosure form and publish the approved form on its website. The signed disclosure form must be submitted to the division of conservation as part of the tax credit application.
(7) A conservation easement in gross is a real property interest as defined in section 38-30.5-102 that is to be created, administered, stewarded, enforced, modified, and terminated pursuant to this article 30.5 and, as applicable, section 39-22-522.
Source: L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: (5) added, p. 990, § 2, effective August 6. L. 2019: (6) added, (HB 19-1264), ch. 420, p. 3678, § 6, effective June 30. L. 2024: (7) added, (SB 24-126), ch. 211, p. 1291, § 6, effective August 7.
Cross references: For the legislative declaration in SB 24-126, see section 1 of chapter 211, Session Laws of Colorado 2024.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-30.5-103
What does Colorado Revised Statutes § 38-30.5-103 cover?
Section 38-30.5-103 ("Nature of conservation easements in gross.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-30.5-103?
A common citation format is "Colorado Revised Statutes § 38-30.5-103" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-30.5-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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