§ 32-23-5-1 — Application and construction of chapter

(a) This chapter applies to any interest created
after September 1, 1984, that complies with this chapter, whether the
interest is designated:
(1) as a conservation easement;
(2) as a covenant;
(3) as an equitable servitude;
(4) as a restriction;
(5) as an easement; or
(6) otherwise.
(b) This chapter applies to any interest created before September 1,
1984, if the interest would have been enforceable had the interest been
created after September 1, 1984, unless retroactive application
contravenes the constitution or laws of Indiana or the United States.
(c) This chapter does not invalidate any interest, whether
designated:
(1) as a conservation easement;
(2) as a preservation easement;
(3) as a covenant;
(4) as an equitable servitude;
(5) as a restriction;
(6) as an easement; or
(7) otherwise;
if the designated interest is enforceable under another law of this state.
(d) This chapter shall be applied and construed to effectuate the
general purpose of the chapter to make uniform the laws with respect
to the subject of the chapter among the states that enact language
consistent with this chapter.
[Pre-2002 Recodification Citations: 32-5-2.6-5;
32-5-2.6-6.]

Legislative History

As added by P.L.2-2002, SEC.8.