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Virginia Statutes, Title 10.1

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Title 10.1, Conservation

38 chapters · 836 sections in this title.

All chapters in Title 10.1836 Ch 14, Virginia Waste Management Act.140 Ch 11, Forest Resources and the Department …113 Ch 6, Flood Protection and Dam Safety.110 Ch 5, Soil and Water Conservation.66 Ch 13, Air Pollution Control Board.55 Ch 11.1, Department of Environmental Quality.48 Ch 4, Scenic Rivers Act.43 Ch 1, General Provisions.35 Ch 22, Historic Resources.28 Ch 2, Parks and Recreation.26 Ch 16, Virginia Recreational Facilities Aut…24 Ch 21.1, Virginia Water Quality Improvement A…22 Ch 10.2, Virginia Land Conservation Foundation.14 Ch 3, State Park Development Revenue Bond Act.13

9 sections·Filtered byTitle 10.1✕Ch 10.1✕

Va. Code Ann. § 10.1-1009 Definitions
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As used in this chapter, unless the context otherwise requires: "Conservation easement" means a nonpossessory interest of a holder in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest imposing limitations or affirmative o…
Va. Code Ann. § 10.1-1010 Creation, acceptance and duration
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A. A holder may acquire a conservation easement by gift, purchase, devise or bequest. 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 arises under a conservation easement before its acceptance by the …
Va. Code Ann. § 10.1-1011 Taxation
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A. Where an easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700 et seq.) by its terms is perpetual, neither the interest of the holder of a conservation easement nor a third-party right of enforcement of such an easement shall be subject to state or loc…
Va. Code Ann. § 10.1-1012 Notification
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Whenever any instrument conveying a conservation easement is recorded after July 1, 1988, the party responsible for recording it or his agent shall mail certified copies thereof, together with any attached plats and a notice specifying the date and place of recordation, to the co…

Va. Code Ann. § 10.1-1013 Standing

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An action affecting a conservation easement may be brought by: 1. An owner of an interest in real property burdened by the easement; 2. A holder of the easement; 3. A person having an express third-party right of enforcement; 4. The Attorney General of the Commonwealth; 5. The Vi…

Va. Code Ann. § 10.1-1014 Validity

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A conservation easement is valid even though: 1. It is not appurtenant to an interest in real property; 2. It can be or has been assigned to another holder; 3. It is not of a character that has been recognized traditionally at common law; 4. It imposes a negative burden; 5. It im…

Va. Code Ann. § 10.1-1015 Conveyance to the Commonwealth

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Whenever any holder as defined in this chapter, or the successors or assigns thereof, shall cease to exist, any conservation easement and any right of enforcement held by it shall vest in the Virginia Outdoors Foundation, unless the instrument creating the easement otherwise prov…

Va. Code Ann. § 10.1-1016 Savings clause

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Nothing herein shall in any way affect the power of a public body under any other statute, including without limitation the Virginia Outdoors Foundation and the Virginia Historic Landmarks Board, to acquire and hold conservation easements or affect the terms of any such easement …

Va. Code Ann. § 10.1-1016.1 Construction

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Notwithstanding any provision of law to the contrary, an easement held pursuant to this chapter shall be construed in favor of achieving the conservation purposes for which it was created.