SENATE FLOOR VERSION - SB1997 SFLR Page 1
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SENATE FLOOR VERSION
February 13, 2024
SENATE BILL NO. 1997 By: Murdock and Bullard of the
Senate
and
Newton of the House
An Act relating to the Uniform Conservation E asement
Act; amending 60 O.S. 2021, Section 49.3, which
relates to creation, conveyance, acceptance, and
duration; requiring disclosure of certain easement to
potential buyer; updating statutory reference ; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 60 O.S. 2021, Section 49.3, is
amended to read as follows:
Section 49.3.
CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION
A. Except as otherwise provided in this act the Uniform
Conservation Easement Act , a conservation easement may be created,
conveyed, recorded, assigned, released, modified, terminated, or
otherwise altered or affected in the same manner as other
easements,; provided, however, nothing herein shall authorize any
entity or individual to obtain a conservation easement by
condemnation.
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B. No right or duty in favor of or against a holder arises
under a conservation easement before its acceptance by the h older
and a recordation of the acceptance.
C. Except as provided in subsection B of Sectio n 4 49.4 of this
act title, the term of a conservation easement shall be the term
stated in the instrument creating it.
D. An interest in real property in existence at the time a
conservation easement is created is not impaired by it unless the
owner of the interest is a party to the conservat ion easement or
consents to it.
E. An owner of real property bur dened by a conservation
easement shall disclose the existence of such easement to any
potential buyer of the real property.
SECTION 2. This act shall become effective Novembe r 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 13, 2024 - DO PASS