Colorado § 38-30.5-104 Creation of conservation easements in gross

Colorado Statutes

§ 38-30.5-104 — Creation of conservation easements in gross

Colorado § 38-30.5-104

Title 38Property -

Art.Conservation Easements

This text of Colorado § 38-30.5-104 (Creation 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. § 38-30.5-104 (2026).

Text

(1)A conservation easement in gross may only be created by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used thereon by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such an easement under this article.

(2)A conservation easement in gross may only be created through a grant to or a reservation by a governmental entity, including the division of conservation created in section 12-15-102, or a grant to or a reservation by a charitable organization exempt under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, which organization was created at least two years prior to receipt of the conservation easement.

(3)Repealed.

(4)Conserv

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(1) A
conservation easement in gross may only be created by the record owners of the
surface of the land and, if applicable, owners of the water or water rights
beneficially used thereon by a deed or other instrument of conveyance specifically
stating the intention of the grantor to create such an easement under this article.

(2) A conservation easement in gross may only be created through a grant to
or a reservation by a governmental entity, including the division of conservation
created in section 12-15-102, or a grant to or a reservation by a charitable
organization exempt under section 501 (c)(3) of the federal Internal Revenue Code
of 1986, as amended, which organization was created at least two years prior to
receipt of the conservation easement.

(3) Repealed.

(4) Conservation easements relating to historical, architectural, or cultural
significance may only be applied to buildings, sites, or structures which have been
listed in the national register of historic places or the state register of historic
properties, which have been designated as a landmark by a local government or
landmarks commission under the provisions of the ordinances of the locality
involved, or which are listed as contributing building sites or structures within a
national, state, or locally designated historic district.

(5) If a water right is represented by shares in a mutual ditch or reservoir
company, a conservation easement in gross that encumbers the water right may be
created or revoked only after sixty days' notice and in accordance with the
applicable requirements of the mutual ditch or reservoir company, including, but
not limited to, its articles of incorporation and bylaws as amended from time to
time.

Legislative History

Source: L. 76: Entire article added, p. 751, � 1, effective July 1. L. 85: (3) repealed and (4) amended, p. 1203, �� 3, 1, effective July 1. L. 99: (2) amended, p. 632, � 49, effective August 4. L. 2003: (1) amended and (5) added, p. 991, � 3, effective August 6; (2) amended, p. 1022, � 1, effective August 6. L. 2021: (2) amended, (HB 21-1233), ch. 385, p. 2577, � 2, effective June 30.