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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1997 By: Murdock, Bullard, and
Hamilton of the Senate
and
Newton and Dobrinski 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
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entity or individual to obtain a conservation easement by
condemnation.
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.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
03/28/2024 - DO PASS, As Coauthored.