§ 121-34. Short title.
The title of this Article shall be known as the "Historic
Preservation and Conservation Agreements Act." (1979, c. 747, s.
1.)
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§ 121-35. Definitions.
Subject to any additional definitions contained in this
Article, or unless the context otherwise requires:
(1) A "conservation agreement" means a right,
whether or not stated in the form of a restriction, reservation,
easement, covenant or condition, in any deed, will or other
instrument executed by or on behalf of the owner of land or
improvement thereon or in any order of taking, appropriate to
retaining land or water areas predominantly in their natural,
scenic or open condition or in agricultural, horticultural,
farming or forest use, to forbid or limit any or all (i)
construction or placing of buildings, roads, signs, billboards or
other advertising, utilities or other structures on or above the
ground, (ii) dumping or placing of soil or other substance or
material as landfill, or dumping or placing of trash, waste or
unsightly or offensive materials, (iii) removal or destruction of
trees, shrubs or other vegetation, (iv) excavation, dredging or
removal of loam, peat, gravel, soil, rock or other mineral
substance in such manner as to affect the surface, (v) surface
use except for agricultural, farming, forest or outdoor
recreational purposes or purposes permitting the land or water
area to remain predominantly in its natural condition, (vi)
activities detrimental to drainage, flood control, water
conservation, erosion control or soil conservation, or (vii)
other acts or uses detrimental to such retention of land or water
areas.
(2) "Holder" means any public body of this State,
including the State, any of its agencies, any city, county,
district or other political subdivision or municipal or public
corporation, or any instrumentality of any of the foregoing, any
agency, department, or instrumentality of the United States, any
nonprofit corporation or trust, or any private corporation or
business entity whose purposes include any of those stated in (1)
and (3), covering the purposes of preservation and conservation
agreements.
(3) A "preservation agreement" means a right,
whether or not stated in the form of a restriction, reservation,
easement, covenant, condition or otherwise, in any deed, will or
other instrument executed by or on behalf of the owner of the
land or any improvement thereon, or in any other [order] of
taking, appropriate to preservation of a structure or site
historically significant for its architecture, archaeology or
historical associations, to forbid or limit any or all (i)
alteration, (ii) alterations in exterior or interior features of
the structure, (iii) changes in appearance or condition of the
site, (iv) uses not historically appropriate, or (v) other acts
or uses supportive of or detrimental to appropriate preservation
of the structure or site. (1979, c. 747, s. 2; 1995, c. 443, s.
1.)
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§ 121-36. Applicability.
(a) This Article shall apply to all conservation and
preservation agreements falling within its terms and conditions.
(b) This Article shall not be construed to make
unenforceable any restriction, easement, covenant or condition
which does not comply with the requirements of this Article.
(c) This Article shall not be construed to diminish the
powers of any public entity, agency, or instrumentality to
acquire by purchase, gift, devise, inheritance, eminent domain or
otherwise and to use property of any kind for public purposes.
(1979, c. 747, s. 3.)
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§ 121-37. Acquisition and approval of conservation and
preservation agreements.
Subject to the conditions stated in this Article, any holder
may, in any manner, acquire, receive or become a party of a
conservation agreement or a preservation agreement. (1979, c.
747, s. 4.)
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§ 121-38. Validity of agreements.
(a) No conservation or preservation agreement shall be
unenforceable because of
(1) Lack of privity of estate or contract, or
(2) Lack of benefit to particular land or person, or
(3) The assignability of the benefit to another holder as
defined in this Article.
(b) Such agreements are interests in land and may be
acquired by any holder in the same manner as it may acquire other
interests in land.
(c) Such agreements may be effective perpetually or for
shorter stipulated periods of time.
(d) Such agreements may impose present, future, or
continuing obligations on either party to the agreement, or their
successors, in furtherance of the purposes of the agreement.
(1979, c. 747, s. 5.)
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§ 121-39. Enforceability of agreements.
(a) Conservation or preservation agreements may be enforced
by the holder by injunction and other appropriate equitable
relief administered or afforded by the courts of this State.
Where appropriate under the agreement, damages, or other monetary
relief may also be awarded either to the holder or creator of the
agreement or either of their successors for breach of any
obligations undertaken by either.
(b) Such agreements shall entitle representatives of the
holder to enter the involved land or improvement in a reasonable
manner and at reasonable times to assure compliance. (1979, c.
747, s. 6.)
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§ 121-40. Assessment of land or improvements subject to
agreement.
For purposes of taxation, land and improvements subject to a
conservation or preservation agreement shall be assessed on the
basis of the true value of the land and improvement less any
reduction in value caused by the agreement. (1979, c. 747, s. 7.)
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§ 121-41. Public recording of agreements.
(a) Conservation agreements shall be recorded in the office
of the Register of Deeds of the county or counties in which the
subject land or improvement is located, in the same manner as
deeds are now recorded.
(b) Releases or terminations of such agreements shall be
recorded in the same waiver. Releases or terminations, or the
recording entry, shall appropriately identify by date, parties,
and book and pages of recording, the agreement which is the
subject of the release or termination. (1979, c. 747, s. 8.)
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§ 121-42. Citation of Article.
This Article shall be known and may be cited as "Uniform
Conservation and Historic Preservation Agreement Act." (1979, c.
747, s. 9.)
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