Colorado § 38-30.5-103 Nature of conservation easements in gross

Colorado Statutes

§ 38-30.5-103 — Nature of conservation easements in gross

Colorado § 38-30.5-103

Title 38Property -

Art.Conservation Easements

This text of Colorado § 38-30.5-103 (Nature of conservation easements in gross) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-30.5-103 (2026).

Text

(1)A conservation easement in gross is an interest in real property freely transferable in whole or in part for the purposes stated in section 38-30.5-102 and transferable by any lawful method for the transfer of interests in real property in this state.

(2)A conservation easement in gross shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding that it may be negative in character.

(3)A conservation easement in gross shall be perpetual unless otherwise stated in the instrument creating it.

(4)The particular characteristics of a conservation easement in gross shall be those granted or specified in the instrument creating the easement.

(5)A conservation easement in gross that encumbers water or a water right as permitted by se

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(1) A
conservation easement in gross is an interest in real property freely transferable in
whole or in part for the purposes stated in section 38-30.5-102 and transferable by
any lawful method for the transfer of interests in real property in this state.

(2) A conservation easement in gross shall not be deemed personal in nature
and shall constitute an interest in real property notwithstanding that it may be
negative in character.

(3) A conservation easement in gross shall be perpetual unless otherwise
stated in the instrument creating it.

(4) The particular characteristics of a conservation easement in gross shall
be those granted or specified in the instrument creating the easement.

(5) A conservation easement in gross that encumbers water or a water right
as permitted by section 38-30.5-104 (1) may be created only by the voluntary act of
the owner of the water or water right and may be made revocable by the instrument
creating it.

(6) On and after January 1, 2020, prior to creating a conservation easement in
gross, the owner of the property who is granting the conservation easement shall
execute a disclosure form that includes, but is not limited to, an acknowledgment
that the conservation easement is being granted in perpetuity. The division of
conservation in cooperation with the conservation easement oversight commission
shall develop the disclosure form and publish the approved form on its website. The
signed disclosure form must be submitted to the division of conservation as part of
the tax credit application.

(7) A conservation easement in gross is a real property interest as defined in
section 38-30.5-102 that is to be created, administered, stewarded, enforced,
modified, and terminated pursuant to this article 30.5 and, as applicable, section
39-22-522.

Legislative History

Source: L. 76: Entire article added, p. 751, � 1, effective July 1. L. 2003: (5) added, p. 990, � 2, effective August 6. L. 2019: (6) added, (HB 19-1264), ch. 420, p. 3678, � 6, effective June 30. L. 2024: (7) added, (SB 24-126), ch. 211, p. 1291, � 6, effective August 7.