BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

I Be it enacted by the General Assembly.ofthe State of Colorado:

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SECTION 1. 38-30.5-102, Colorado Revised Statutes, IS

3 amended to read:

4 38-30.5-102. Conservation easement in gross. "Conservation

5 easement in gross", for the purposes of this article, means a right in the

6 owner of the easement to prohibit or require a limitation upon or an

7 obligation to perform acts on or with respect to a land or water area, or

8 airspace above the land or water, OR WATER RIGHTS BENEFICIAllY USED

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9 UPON THAT lAND OR WATER AREA, owned by the grantor appropriate to

10 the retaining or maintaining of such land, water, or airspace, OR

11 WATER RIGHTS, including improvements, predominantly in a natural,

12 scenic, or open condition, or for wildlife habitat, or for agricultural,

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horticultural, WETlANDS, recreational, forest, or other use or condition

14 consistent with the protection of open land, ha.ill/\ whokioOlll(;

15 environmental quality or life-sustaining ecological diversity, or

16 appropriate to the conservation and preservation of buildings, sites, or

17 structures having historical, architectural, or cultural interest or value.

18 SECTION 2. 38-30.5-104 (1), Colorado Revised Statutes, is
19 amended, and the said 38-30.5-104: is further amended BY THE
20 ADDITION OF A NEW SUBSECTION, to read:

21 38-30.5-104. Creation of cOl1servation easements in gross.

22 (I) A conservation easement in gross !)lay only be created by the record

23 owners of the surface of the land AND, IF APPLICABLE, OWNERSOFTHE

24 W ATEROR W ATERRIGHTS BENEFICIALL \(.USED THEREONbya deed or other

25 instrument of conveyance specifically stating the intention of the grantor

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to create such an easement under this irtic1e.

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