The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 034: Conservation and Preservation Rights and Interests

• § 821. Definitions

  As used in this chapter:

  (1) “Conservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a land or water area and rights to perform, or require the performance of, specified activities with respect thereto. These rights and interests shall be for the purpose of maintaining, enhancing, and conserving that land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in agricultural, farming, forest, wildlife, or open space use, or for public recreation, or in other use or condition consistent with the purposes set forth in section 6301 of this title.

  (2) “Preservation rights and interests” mean rights held by a qualified holder to restrict or condition the use, modification, or subdivision of a structure or site, and rights to perform, or require the performance of, specified activities with respect thereto. Such rights and interests shall be for the purpose of preserving, rehabilitating, or restoring a structure or site having significant historical, architectural, cultural, or archaeological characteristics.

  (3) “Qualified holder” and “holder” mean:

  (A) a municipality, department, or board of the State of Vermont;

  (B) an organization qualifying under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, provided one of the stated purposes of the organization is to acquire property or rights and interests in property in order to preserve historic, agricultural, forestry, or open space resources;

  (C) an organization qualifying under Section 501(c)(2) of the Internal Revenue Code of 1986, as amended, provided that organization is controlled exclusively by an organization or organizations described in subdivision (B) of this subdivision (3); and

  (D) the United States of America. (Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 48; 1993, No. 59, § 25b, eff. June 3, 1993; 2019, No. 14, § 27, eff. April 30, 2019.)

• § 822. Rights and interests

  Conservation and preservation rights and interests shall be stated in the form of a deed restriction, right, easement, covenant, or condition. These rights and interests shall be valid, exercisable, and enforceable by the holder thereof and by the holder’s successors and assigns, against the owner of the encumbered property and the owner’s heirs, successors, and assigns, whether or not such rights or interests are appurtenant to or benefit a specific parcel of real property, and regardless of privity of contract, or lack thereof, between the holder of such rights or interests and the owner of the encumbered property. (Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 49.)

• § 823. Interests in real property

  Conservation and preservation rights and interests shall be deemed to be interests in real property and shall run with the land. A document creating such a right or interest shall be deemed to be a conveyance of real property and shall be recorded under 27 V.S.A. chapter 5 but shall not be subject to the requirement of filing a notice of claim within the 40-year period as provided in 27 V.S.A. § 603. Such a right or interest shall be enforceable in law or in equity. Any subsequent transfer, mortgage, lease, or other conveyance of the real property or an interest in the real property shall reference the grant of conservation rights and interests in the real property; provided, however, that the failure to include a reference to the grant shall not affect the validity or enforceability of the conservation rights and interests. (Added 1977, No. 221 (Adj. Sess.), § 1, eff. April 12, 1978; amended 1987, No. 200 (Adj. Sess.), § 50; 2011, No. 118 (Adj. Sess.), § 5; 2015, No. 84 (Adj. Sess.), § 2.)