§ 15-20-403 — Applicability and construction

(a) This subchapter applies to any interest created after July 4, 1983, which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. (b) This subchapter applies to any interest created before July 4, 1983, if it would have been enforceable had it been created after July 4, 1983, unless retroactive application contravenes the Arkansas Constitution, United States Constitution, or laws of this state or the United States. (c) This subchapter does not invalidate any otherwise valid interest, whether designated as a conservation easement or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, which was created under §§ 15-20-301 - 15-20-308 , 15-20-310 , and 15-20-312 - 15-20-316 , Acts 1975, No. 882 [repealed], or any other law of this state. (d) (1) This subchapter shall not be construed to imply that any restriction, easement, covenant, or condition which does not come within the purview of this subchapter, on account of any provisions hereof, shall be unenforceable. (2) Nothing in this subchapter shall diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes. (3) Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of any state agency, county, city of the first class or city of the second class, or incorporated town.

Legislative History

Acts 1983, No. 567, § 5; A.S.A. 1947, § 50-1205.