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APPENDIX B. C�. 4. 12( - 3¢� inheritance,eminent domain or otherwise and to use property of any kind
<br /> for public purposes.
<br /> Historic Preservation And Conservation Agreements Act Section 4. Acquisition and Approval of Conservation and Preservation
<br /> The General Assembly of North Carolina enacts: Agreements.Subject to the conditions stated in this act,any holder may,in
<br /> any manner,acquire,receive or become a party of a conservation agreement
<br /> Section 1.The title of this act shall be known as the I listoric Preserve- or a preservation agreement.
<br /> tion and Conservation Agreements Act.
<br /> Section 5. Validity of Agreements.(a)No conservation or preservation
<br /> Section Definitions. Subject to any additional definitions contained agreement shall he unenforceable because of(1) lack of privity of estate or
<br /> in this act,or r unless the context otherwise requires contract, or (2) lack of benefit to particular land or person, or (3) the
<br /> (1)A "preservation agreement"means a right,whether or not stated in assignability of the benefit to another holder as defined in this act.(b)Such
<br /> the form of a restriction, reservation, easement, covenant, condition or agreements are interests in land and may be acquired by any holder in the
<br /> otherwise,io any decd,will or other instrument executed by or on behalf of � same manner as it may acquire other interests in land. (c)Such agreements
<br /> the owner of the land or any improvement thereon, or in any other of may he effective perpetually or for shorter stipulated periods of time. (d)
<br /> taking, appropriate to preservation of a structure or site historically signifi- Such agreements may impose present,future,or continuing obligations on
<br /> cant for its architecture,archaeology,or historical associations,to forbid or F either party to the agreements,or their successors,in furtherance of the pur-
<br /> limit any or all(a)alteration,(h)alterations in exterior or interior features of poses of the agreement.
<br /> the structure,(c)changes in appearance or condition of the site,(d)uses not Section 6. Enforceability of Agreements. (a)Conservation or preserva-
<br /> toappropriate ate pre erv.,i or(e)other acts or uses supportive of or detrimental tion agreements may be enforced b the holder h injunction and other a
<br /> to appropriate preservation of the structure or site. g y y y i p
<br /> (2)A"conservation agreement"means a right,whether or not stated in propriate equitable relief administered or afforded by the courts of this State.
<br /> the form of a restriction, reservation,easement,covenant or condition, in Where appropriate under the agreement,damages,or other monetary relief
<br /> any deed,will or other instrument executed by or on behalf of the owner of may also he awarded either to the holder or creator of the agreement or
<br /> land or improvement thereon or in any order of taking, appropriate to either of their successors for breach of any obligations undertaken by either,
<br /> retaining land or water areas predominately in their natural,scenic or open (b) Such agreements shall entitle representatives of the holder to enter the
<br /> condition or in agricultural,horticuhural,farming or forest use,to forbid or involved land or improvement in a reasonable manner and at reasonable
<br /> limit any or all (a) COnstnleti(11 or placing of buildings, roads, signs, times to assure compliance.
<br /> billboards or other advertising, utilities or other structures on or above the Section 7. Assessment of land or Improvements Subject to Agreement.
<br /> ground, (h) dumping or placing of soil or other substance or material as For purposes of taxation,land and improvements subject to a conservation or
<br /> landfill, or dumping or placing of trash, waste or unsightly or offensive preservation agreement shall be assessed on the basis of the true value of the
<br /> materials,(c)removal or destruction of trees,shrubs,or usher vegetation,(d) land and improvement less any reduction in value caused by the agreement.
<br /> excavation, dredging or removal of loam, peat, gravel, soil, rock or other Section 8. Public Recording of Agreements. (a) Conservation
<br /> mineral substance in such manner as to affect the surface, (e) surface use
<br /> agreements shall be recorded in the office of the Register of Deeds of the
<br /> except for agricultural, farming, forest or outdoor recreational purposes or county or counties in which the subject land or improvement is located,in
<br /> purposes permitting the land or water area to remain predominately in its (lie same manner as deeds are now recorded.(b)Releases or terminations of
<br /> natural condition,(f)activities detrimental to drainage,flood control,water such agreements shall be recorded in the same waiver. Releases or termina-
<br /> conservation, erosion control or soil conservation,or(g)other acts or uses � tions, or the recording entry, shall appropriately identify by date, parties,
<br /> detrimental to such retention of land or water areas. and book and pages of recording,the agreement which is the subject of the
<br /> (3) "lle,lder" means any public body of this State, includirig the State, release or termination.
<br /> any of its agencies,any city,county,district or other political subdivision or
<br /> municipal or public corporation,or any instrumentality of any of the fore- Section 9. Short Title. This act shall he known and may he cited as
<br /> going, any nonprofit corporation or trust, or any private corporation or Uniform Conservation and Historic Preservation Agreement Act.
<br /> business entity whose purposes include any of those stated in (1) and (2) Section 10. This act is effective upon ratification and applies only to
<br /> above, covering the purposes of preservation and conservation agreements. agreements executed,created or entered into after that date.
<br /> Section 3. Applicability.(a)This act shall apply to all conservation and
<br /> preservation a r s In the General Assembly read three times and ratified, this the 1st day
<br /> greeents falling within its term and conditions. fh)This act y of June, 1979.
<br /> shall not be construes! to make unenforceable any restriction, easement,
<br /> covenant or condition which doles not comply with the requirements of this
<br /> act. (c)This act shall not be construed to diminish the powers of any public
<br /> entity, agency, or instrumentality to acquire by purchase, gift, devise, ''!', j Cil
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