Colorado § 38-30.5-104 - Creation of conservation easements in gross.

§ 38-30.5-104. Creation of conservation easements in gross.

(1) A conservation easement in gross may only be created by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used thereon by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such an easement under this article.

(2) A conservation easement in gross may only be created through a grant to or a reservation by a governmental entity, including the division of conservation created in section 12-15-102, or a grant to or a reservation by a charitable organization exempt under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, which organization was created at least two years prior to receipt of the conservation easement.

(3) Repealed.

(4) Conservation easements relating to historical, architectural, or cultural significance may only be applied to buildings, sites, or structures which have been listed in the national register of historic places or the state register of historic properties, which have been designated as a landmark by a local government or landmarks commission under the provisions of the ordinances of the locality involved, or which are listed as contributing building sites or structures within a national, state, or locally designated historic district.

(5) If a water right is represented by shares in a mutual ditch or reservoir company, a conservation easement in gross that encumbers the water right may be created or revoked only after sixty days' notice and in accordance with the applicable requirements of the mutual ditch or reservoir company, including, but not limited to, its articles of incorporation and bylaws as amended from time to time.

Source: L. 76: Entire article added, p. 751, § 1, effective July 1. L. 85: (3) repealed and (4) amended, p. 1203, §§ 3, 1, effective July 1. L. 99: (2) amended, p. 632, § 49, effective August 4. L. 2003: (1) amended and (5) added, p. 991, § 3, effective August 6; (2) amended, p. 1022, § 1, effective August 6. L. 2021: (2) amended, (HB 21-1233), ch. 385, p. 2577, § 2, effective June 30.

ANNOTATION

Subsection (1) did not preclude reformation of conservation deed based on mutual mistake of fact. Although the grantor was misidentified in the conservation deed, the failure to confirm the property's ownership prior to the conveyance did not preclude reformation based on mutual mistake. Rather, reformation accomplished the purpose of subsection (1) and effectuated the intent of the parties to the instrument. Ranch O, LLC v. Colo. Cattlemen's Agric. Land Trust, 2015 COA 20, 361 P.3d 1063.

Notice requirement of subsection (5) applied prospectively. The 60-day notice requirement did not clarify existing law; rather, it created a new obligation affecting substantive rights and therefore applies to conservation easements created on and after the 2003 effective date of subsection (5). Mesa County Land Conservancy, Inc. v. Allen, 2012 COA 95, 318 P.3d 46.