| Maine Legislative Document 1737 (2007) |
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Maine Legislative Document 1737 (2007)
ME; Legislative Updates; L.D. 1737, 123rd Leg., 1st Reg. Sess. (Me. 2007).
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Abstract:
This bill enacts changes to the laws governing the creation, alteration and termination of conservation easements. Under the bill, a court must find that a change of circumstances makes the conservation easement no longer in the public interest before the conservation easement may be terminated or amended in a manner that diminishes its conservation purposes. The bill also requires that future conservation easements must clearly recite the conservation purposes and public benefits of the easement. The bill further requires that future conservation easements include a statement of the power of the holder to amend the easement and be accompanied by documentation of the condition of the property. As necessary to future enforcement of conservation easements, holders are required to periodically monitor the condition of the property subject to the easement.
This bill also allows the Attorney General to be a party in any action affecting a conservation easement, as the Attorney General may with any charitable trust. The bill also provides that conservation easements will not be destroyed by reason of merger of the fee and easement holder’s interests nor by tax foreclosure.
Finally, this bill establishes a conservation easement registration system administered by the Secretary of State and Executive Department, State Planning Office with a modest annual filing fee, and requires that the transfer tax form for property subject to a conservation easement disclose that notice of the property’s transfer has been given to the holder of the easement.
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