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MO SB870
Bill
Status
2/1/2010
Primary Sponsor
Kurt Schaefer
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AI Summary
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Adds section 252.400 to Missouri law establishing the "Private Landowner Protection Act" to regulate conservation easements.
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Defines conservation easements as nonpossessory interests in real property that retain or protect natural, scenic, open-space, agricultural, forest, recreational, historical, architectural, archaeological, or cultural values.
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Allows holders of conservation easements (governmental bodies, charitable organizations, or private entities) and third parties with enforcement rights to bring legal actions affecting the easement, while preserving courts' ability to modify or terminate easements under principles of law and equity.
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Validates conservation easements even if they are not appurtenant to real property, impose negative burdens or affirmative obligations, have been assigned to other holders, or lack privity of estate or contract.
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Applies the law to any interest created after the effective date that complies with the section, and retroactively applies to pre-existing interests that would have been enforceable under these provisions unless retroactive application violates state or federal constitutions or laws.
Legislative Description
Assigns certain characteristics to the treatment of conservation easements under the law
Last Action
Hearing Conducted S Agriculture, Food Production and Outdoor Resources Committee
2/17/2010