HB1760: Conservation easements; certain easements be liberally construed in favor of purpose which created.


HOUSE BILL NO. 1760
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources
on January 20, 2021)
(Patron Prior to Substitute--Delegate Webert)
A BILL to amend the Code of Virginia by adding in Chapter 10.1 of Title 10.1 a section numbered 10.1-1016.1 and by adding in Chapter 17 of Title 10.1 a section numbered 10.1-1705.1, relating to conservation easements; construction.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 10.1 of Title 10.1 a section numbered 10.1-1016.1 and by adding in Chapter 17 of Title 10.1 a section numbered 10.1-1705.1 as follows:

§ 10.1-1016.1. Construction.

Notwithstanding any provision of law to the contrary, an easement held pursuant to this chapter shall be construed in favor of achieving the conservation purposes for which it was created.

§ 10.1-1705.1. Construction.

Notwithstanding any provision of law to the contrary, an easement held pursuant to this chapter shall be construed in favor of achieving the conservation purposes for which it was created.

HOUSE BILL NO. 1760

Offered January 13, 2021
Prefiled December 17, 2020
A BILL to amend the Code of Virginia by adding in Chapter 10.1 of Title 10.1 a section numbered 10.1-1016.1, by adding in Chapter 10.2 of Title 10.1 a section numbered 10.1-1026.1, and by adding in Chapter 17 of Title 10.1 a section numbered 10.1-1705.1, relating to conservation easements; construction.
Patrons-- Webert and Gooditis

Referred to Committee on Agriculture, Chesapeake and Natural Resources

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 10.1 of Title 10.1 a section numbered 10.1-1016.1, by adding in Chapter 10.2 of Title 10.1 a section numbered 10.1-1026.1, and by adding in Chapter 17 of Title 10.1 a section numbered 10.1-1705.1 as follows:

§ 10.1-1016.1. Construction.

Notwithstanding any provision of law to the contrary, an easement held pursuant to this chapter shall be liberally construed in favor of achieving the conservation purposes for which it was created.

§ 10.1-1026.1. Construction.

Notwithstanding any provision of law to the contrary, an easement held pursuant to this chapter shall be liberally construed in favor of achieving the conservation purposes for which it was created.

§ 10.1-1705.1. Construction.

Notwithstanding any provision of law to the contrary, an easement held pursuant to this chapter shall be liberally construed in favor of achieving the conservation purposes for which it was created.