Agenda - 05-24-1993 - C 6d - Laserfiche WebLink

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204 historical associations, to forbid or limit any or all (i) alter- - ation, t ii) alterations in exterior or interior features of the structure, tiiil changes in appearance or condition of the site, (iv) uses not historically appropriate, or (v) other acts or uses supportive of or detrimental to appropriate preser- vation of the structure or site. (1979, c. 747, s. 2.1 Legal Periodicals. — For an article Carolina Historic Preservation and Con- entitled. "Preservation Law 1976-1980: servation Agreements Act: Assessment Faction. Property Rights and Ideology," and Implications for Historic Preserva- see 11 N.C. Cent. L.J. 276 ;19801. tion." see 11 N.C. Cent. L.J. 362 (1980), For an articie entitled, "The North § 121-36. Applicability. (a) This Article shall apply to all conservation and preservation agreements falling within its terms and conditions. (b) This Article shall not be construed to make unenforceable any restriction, easement, covenant or condition which does not comply with the requirements of this Article. (c) This Article shall not be construed to diminish the powers of any public entity, agency, or instrumentality to acquire by pur- chase, gift. devise, inheritance, eminent domain or otherwise and to use property of any kind for public purposes. (1979, c. 747, s. 3.) Legal Periodicals. — For an article ments Act:Assessment and Implications entitled, "The North Carolina Historic for Historic Preservation," see 11 N.C. Preservation and Conservation Agree. Cent. L.J. 362 (1980). 121-37. Acquisition and approval of conservation and preservation agreements. Subject to the conditions stated in this Article, any holder may, in any manner, acquire, receive or become a party of a conservation agreement or a preservation agreement. (1979, c. 747, s. 4.) • § 121-38. Validity of agreements. (a) No conservation or preservation agreement shall be unen- forceable because of (1) Lack of privity of estate or contract, or (2) Lack of benefit to particular land or person, or (3) The assignability of the benefit to another holder as defined in this Article. (b) Such agreements are interests in land and may be acquired by any holder in the same manner as it may acquire other interests in land. (c) Such agreements may be effective perpetually or for shorter stipulated periods of time. (d) Such agreements may impose present, future, or continuing obligations on either party to the agreement, or their successors, in furtherance of the purposes of the agreement. (1979, c. 747, s. 5.) § 121-39. Enforceability of agreements. (a) Conservation or preservation agreements may be enforced by the holder by injunction and other appropriate equitable relief ad- ministered or afforded by the courts of this State. Where appropri- ate under the agreement, damages, or other monetary relief may also be awarded either to the holder or creator of the agreement or either of their successors for breach of any obligations undertaken by either.