Title 66, Property

The general assembly finds that the use of solar energy can help reduce reliance on depletable energy resources such as oil, natural gas and coal, and that solar energy development should, therefore, be encouraged. Further, that as the use of solar energy systems increases, the p…

As used in this part, “solar energy system” means any device, mechanism, structure, apparatus, or part thereof, whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy saving processes, …

(a) Any instrument creating a solar easement shall include, but the contents need not be limited to:(1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;(2) The vertical and horizontal angle…

A solar easement shall be presumed to run with the land or lands benefited and burdened, unless the parties to the easement provide otherwise in writing, and shall be deemed to pass with the property when title is transferred unless stated to the contrary in § 66-9-204(a)(3). Any…

Any easement obtained pursuant to this part shall be in writing and shall be recorded with the register of deeds in the county in which the land is situated.

(a) As used in this section, unless the context otherwise requires:(1) “Decommissioning cost” means the estimated cost of performing the removal and restoration obligations set forth in subsection (c), less the estimated salvage value of the components of the solar power facility…

(1) The office of energy programs of the department of environment and conservation shall expand and maintain its existing website with additional guidance and resources regarding:(1) Utility scale solar for local governments, landowners, developers, and the public; and(2) Reside…

This part shall be known as the “Conservation Easement Act of 1981.”

It is the finding of the general assembly that the protection of the state's land, water, geological, biological, historical, architectural, archaeological, cultural, and scenic resources is desirable for the purposes of maintaining and preserving the state's natural and cultural…

(1) As used in this part, unless the context otherwise requires:(1) (A) For purposes of easements granted before July 1, 2005, “conservation easement” means an easement in land or structures which:(i) Is held for the benefit of the people of this state;(ii) Is specifically enforc…

(a) A conservation easement shall remain severed from the fee unless returned by specific conveyance to the holder of the fee. (b) Conservation easements may contain public use clauses. (c) The holder of a conservation easement shall maintain the right of entry at reasonable time…

(a) In order to carry out the purposes of this part, any public body or organization may acquire and dispose of interests in land or structures or features thereon in the form of conservation easements. No conservation easement shall be acquired by eminent domain unless such ease…

No conservation easement shall be held unenforceable because of privity of estate or contract or lack of benefit to any other land, whether or not appurtenant to the servient land. No conservation easement shall be held automatically extinguished because of violation of its terms…

(a) An action affecting any conservation easement granted on or after July 1, 2005, may be brought by:(1) An owner of an interest in the real property burdened by the easement;(2) A holder of the easement;(3) A person having third-party right of enforcement;(4) The attorney gener…

(a) (1) When a conservation easement is held by a public body or exempt organization for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as …

This part shall not affect any easement entered into prior to July 1, 1981, nor any rights, privileges or duties pursuant to such easements.

Any waiver of a restrictive covenant applicable to a subdivision lot, when granted for a specifically named business, shall be effective as a waiver for any other business, regardless of name, which operates substantially the same type of business as the business for which the wa…

No action shall lie in any court of law or equity against an owner or lessee of real property whose use of real property satisfies the conditions established in § 66-9-401 and in which it is alleged that the owner or lessee of the real property has violated restrictive covenants …

This part shall not be construed to apply to preservation restrictions, solar easements, or conservation easements, as defined in this chapter, or to any waiver of a restrictive covenant which by its express terms states that this part shall not be applicable.