The Legislature finds and declares that the preservation of land in its natural, scenic, agricultural, historical, forested, or open-space condition is among the most important environmental assets of California. The Legislature further finds and declares it to be the public policy and in the public interest of this state to encourage the voluntary conveyance of conservation easements to qualified nonprofit organizations.
Estates in Real PropertyConservation Easements
Section § 815
This section declares that keeping land in its natural or unchanged state is very important for California's environment. It also states that it is beneficial for the public to support the voluntary transfer of conservation easements to nonprofit groups.
conservation easements land preservation natural condition
Section § 815.1
A 'conservation easement' is an agreement or condition set by a landowner, often in legal documents like a deed or will, to keep the land in its natural or original state. This restriction stays in effect even when the land changes hands in the future. The goal is to preserve the land's natural, scenic, historical, agricultural, forested, or open-space features.
For the purposes of this chapter, “conservation easement” means any limitation in a deed, will, or other instrument in the form of an easement, restriction, covenant, or condition, which is or has been executed by or on behalf of the owner of the land subject to such easement and is binding upon successive owners of such land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition.
conservation easement land preservation natural state
Section § 815.2
This law talks about conservation easements, which are agreements about how land can be used. They are designed to last forever and can be transferred like any other property interest. Even though they might restrict what can be done on the property, they're still considered a property interest. The specific terms of what's allowed or restricted are detailed in the document that creates the easement.
(a)CA Civil Law Code § 815.2(a) A conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in Section 815.1 by any lawful method for the transfer of interests in real property in this state.
(b)CA Civil Law Code § 815.2(b) A conservation easement shall be perpetual in duration.
(c)CA Civil Law Code § 815.2(c) A conservation easement shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding the fact that it may be negative in character.
(d)CA Civil Law Code § 815.2(d) The particular characteristics of a conservation easement shall be those granted or specified in the instrument creating or transferring the easement.
conservation easement interest in real property perpetual duration
Section § 815.3
This law outlines who can hold conservation easements in California. These easements can only be held by certain entities: non-profit organizations recognized under the federal tax law that focus on conserving land, government entities like cities or counties if they are allowed to hold land titles and don't make easements a requirement for land use permits, and Native American tribes for protecting cultural and historical sites. These easements must be voluntarily given.
Only the following entities or organizations may acquire and hold conservation easements:
(a)CA Civil Law Code § 815.3(a) A tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue Code and qualified to do business in this state which has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.
(b)CA Civil Law Code § 815.3(b) The state or any
city, county, city and county, district, or other state or local governmental entity, if otherwise authorized to acquire and hold title to real property and if the conservation easement is voluntarily conveyed. No local governmental entity may condition the issuance of an entitlement for use on the applicant’s granting of a conservation easement pursuant to this chapter.
(c)CA Civil Law Code § 815.3(c) A federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission to protect a California Native American prehistoric, archaeological, cultural, spiritual, or ceremonial place, if the conservation easement is voluntarily conveyed.
conservation easements nonprofit organization land preservation
Section § 815.4
This section means that when someone creates an easement, which is a right to use someone else's land for a specific purpose, anything that is not specifically given away remains with the original owner. The original owner can still use the land in any way that doesn't interfere with the easement or break any laws.
All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the land not affected by the easement nor prohibited by the easement or by law.
easement rights grantor rights land use
Section § 815.5
If you create, assign, or transfer a conservation easement, you must record this document at the county recorder's office where the land is located. This record must comply with all relevant recording laws.
Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and such instruments shall be subject in all respects to the recording laws.
conservation easement county recorder recording laws
Section § 815.7
This law explains that a conservation easement, which is a restriction to protect the land, can still be enforced even if there isn't a traditional contractual relationship or a direct benefit to specific land. If someone threatens or violates the terms of a conservation easement, the court can stop them or enforce the easement through an injunction. Besides stopping the violation, the holder of the easement can also seek money for damages, considering the harm done to the scenic, aesthetic, or environmental value of the land. The court can also make the losing side pay the legal costs and attorney's fees for the winning party.
(a)CA Civil Law Code § 815.7(a) No conservation easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the instrument creating it as running with the land.
(b)CA Civil Law Code § 815.7(b) Actual or threatened injury to or impairment of a conservation easement or actual or threatened violation of its terms may be prohibited or restrained, or the interest intended for protection by such easement may be enforced, by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by the owner of the easement.
(c)CA Civil Law Code § 815.7(c) In addition to the remedy of injunctive relief, the holder of a conservation easement shall be entitled to recover money damages for any injury to such easement or to the interest being protected thereby or for the violation of the terms of such easement. In assessing such damages there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, or environmental value to the real property subject to the easement.
(d)CA Civil Law Code § 815.7(d) The court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney’s fees.
conservation easement privity of contract injunctive relief
Section § 815.9
This section clarifies that nothing in its chapter overrides or interferes with any laws that allow political subdivisions, like cities or counties, to own land in a way similar to conservation easements. These include several specific laws in the Government and Revenue and Taxation Codes.
Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right or power to hold interests in land comparable to conservation easements, including, but not limited to, Chapter 12 (commencing with Section 6950) of Division 7 of Title 1 of, Chapter 6.5 (commencing with Section 51050), Chapter 6.6 (commencing with Section 51070) and Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of, and Article 10.5 (commencing with Section 65560) of Chapter 3 of Title 7 of, the Government Code, and Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of
Division 1 of the Revenue and Taxation Code.
political subdivisions conservation easements land interests
Section § 815.10
This law states that when someone grants a conservation easement, which is a restriction intended to protect land from development or destruction, it is recognized as an enforceable rule under another tax-related law.
A conservation easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code.
conservation easement enforceable restriction land protection
Section § 816
This law states that the rules in this chapter should be interpreted in a broad manner to achieve the goals outlined in Section 815.
The provisions of this chapter shall be liberally construed in order to effectuate the policy and purpose of Section 815.
liberally construed effectuate policy purposes of Section 815
