An Act to permit modification of the term of a perpetual conservation easement after the death of the grantor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 1-19B-57 be AMENDED:

1-19B-57. Conservation easements--Creation and alteration--Term--Rights.

A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. The term of the conservation easement shall be established by the parties to the easement, but if the term is perpetual, a person receiving a fee simple interest in the real property burdened by the easement the parties may bilaterally modify the term of rights and duties under the easement after the death of the person who granted the easement. No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and recording the acceptance. 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.