Louisiana Revised Statutes 9:1271
Louisiana Conservation Servitude Act
§1271. Short title
This Chapter shall be known as and may be cited as the "Louisiana Conservation Servitude Act".
Acts 1986, No. 217,§ 1, eff. Jan. 1, 1987.
§1272. Definitions
As used in this Chapter unless the context otherwise requires:
(1) "Conservation servitude" means a nonpossessory interest of a holder in immovable property imposing limitations or
affirmative obligations the purposes of which include retaining or protecting natural,
scenic, or open-space values of immovable property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural
resources, maintaining or enhancing air or water quality, or preserving the historical, archaeological, or cultural aspects of unimproved immovable
property.
(2) "Holder" means:
(a) A governmental body empowered to hold an interest in
immovable property under the laws of this state or the United States; or
(b) A charitable corporation, charitable association, or
charitable trust, the purposes or powers of which include retaining or
protecting the natural, scenic, or open-space values of immovable property,
assuring the availability of immovable property for agricultural, forest,
recreational, or open-space use, protecting natural resources, maintaining or
enhancing air or water quality, or preserving the historical, archaeological,
or cultural aspects of unimproved immovable property.
(3) "Third party right of enforcement" means a
right provided in a conservation servitude to enforce any of its terms granted
to a governmental body, charitable corporation, charitable association, or
charitable trust, which, although eligible to be a holder, is not a holder.
Acts 1986, No. 217,§ 1, eff. Jan. 1, 1987.
§1273. Creation, conveyance, acceptance and duration
A. Except as otherwise provided in this Chapter, a
conservation servitude may be created, conveyed, recorded, assigned, released,
modified, terminated, or otherwise altered or affected in the same manner as
other servitudes created by contract.
B. No right or duty in favor of or against a holder, and no
right in favor of a person having a third party right of enforcement shall
arise under a conservation servitude before its acceptance by the holder and a
recordation of the acceptance.
C. A conservation servitude is unlimited in duration unless
the instrument creating it otherwise provides.
D. Any interest in immovable property in existence at the
time a conservation servitude is created is not impaired by the conservation
servitude unless the owner of the interest is a party to the conservation
servitude or consents to it.
Acts 1986, No. 217,§ 1, eff. Jan. 1, 1987.
§1274. Judicial actions
Any action affecting a conservation servitude may be brought by any one of the following:
(1) An owner of an interest in the immovable property
burdened by the servitude.
(2) A holder of the servitude.
(3) A person having a third party right of enforcement.
(4) A person otherwise authorized by law.
Acts 1986, No. 217,§ 1, eff. Jan. 1, 1987.
§1275. Applicability
A. This Chapter applies to any interest created after
December 31, 1986 which complies with the provisions of this Chapter, whether
designated as a conservation servitude or as a covenant, equitable servitude,
restriction, or otherwise.
B. This Chapter applies to any interest created before
January 1, 1987 if it would have been enforceable had it been created after
December 31, 1986 unless retroactive application contravenes the constitution
or laws of this state or the United States.
C. This Chapter does not invalidate any interest, whether
designated as a conservation or preservation servitude or as a covenant,
equitable servitude, restriction, or otherwise, that is enforceable under any
other law of this state.
Acts 1986, No. 217,§ 1, eff. Jan. 1, 1987.
§1276. Uniformity of application and construction
A. This Chapter shall be applied and construed to effectuate
its general purpose to make uniform the law with respect to the subject of this
Chapter among states enacting similar provisions of law.
B. The provisions of this Chapter shall supercede any
conflicting provisions of Civil Code Article 608.
C. This Chapter shall not be applied or construed to allow
or permit the holder or owner of such servitude to obstruct or in any way
impede the construction, operation, or maintenance of needed public utility
facilities as provided by law on the effective date of this Chapter.
Acts 1986, No. 217,§ 1, eff. Jan. 1, 1987.
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