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ENGROSSED SENATE
BILL NO. 1997 By: Murdock, Bullard, and
Hamilton of the Senate
and
Newton of the House
An Act relating to the Uniform Conservation Easement
Act; amending 60 O.S. 2021, Section 49.3, which
relates to creation, conveyance, acceptan ce, 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 OKLAHOMA:
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 holder
and a recordation of the acceptance.
C. Except as provided in subsection B of Section 4 49.4 of this
act title, the term of a conservation easem ent 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 conservation easement or
consents to it.
E. An owner of real property burdened 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 November 1, 2024.
Passed the Senate the 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives