The Arizona Revised Statutes have been updated to include the revised sections from the 53rd Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 54th Legislature, 1st Regular Session, which convenes in January 2019.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
33-274 - Validity and assignment of conservation easements
33-274. Validity and assignment of conservation easements
A. A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded with the county recorder of the county in which any portion of the real property burdened by the conservation easement is located.
B. Third party rights of enforcement granted through a conservation easement to a governmental body, charitable corporation or trustee of a charitable trust may not be assigned, except with the prior written consent of the holder of the conservation easement.
C. 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 imposes affirmative obligations on the owner of an interest in the burdened property or on the holder.
6. The benefit does not touch or concern real property.