§ 34-1-303 — Historic preservation rights specified; release, transfer or assignment restricted

(a) An instrument conveying or reserving a historic
preservation right may require, prohibit, condition, limit or
control any of the following with respect to the grantor or
grantee:
(i) Access or public visitation;
(ii) Affirmative acts of alteration, restoration,
rehabilitation, repair, maintenance, investigation,
documentation, payment of taxes or compliance with law or local
ordinance or resolution;
(iii) Conditions of operation or use;
(iv) Acts detrimental to preservation;
(v) Any other acts or uses relating to the
preservation of structures or improvements or appurtenances.
(b) A historic preservation right:
(i) Includes any preservation restriction imposed by
agency rule or regulation or by local ordinance or resolution
and is not unenforceable because of lack of privity of estate or
contract, lack of benefit to specific property or because of the
benefit assigned;
(ii) Shall be enforced in accordance with its terms
and transferred, recorded and indexed in the same manner as fee
simple interests in real property subject only to limitations
provided in this article;
(iii) May be transferred or assigned only to the
state, any city, town, county, joint powers board or other
political subdivision of the state or to a nonprofit corporation
or trust;
(iv) Shall not affect a restriction, easement,
covenant, third party right of enforcement or condition
otherwise valid under law nor diminish the acquisition of real
property and the historic preservation right by purchase, gift,
grant, eminent domain or otherwise in accordance with law or the
lawful use of the property for public purposes.