reglab/housing_qa huggingface dataset:
CO Code § 38-30.5-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-103. Nature of Conservation Easements in Gross

  A conservation easement in gross is an interest in real property freely transferable in whole or in part for the purposes stated in section 38-30.5-102 and transferable by any lawful method for the transfer of interests in real property in this state.    A conservation easement in gross shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding that it may be negative in character.    A conservation easement in gross shall be perpetual unless otherwise stated in the instrument creating it.    The particular characteristics of a conservation easement in gross shall be those granted or specified in the instrument creating the easement.    A conservation easement in gross that encumbers water or a water right as permitted by section 38-30.5-104 (1) may be created only by the voluntary act of the owner of the water or water right and may be made revocable by the instrument creating it.    On and after January 1, 2020, prior to creating a conservation easement in gross, the owner of the property who is granting the conservation easement shall execute a disclosure form that includes, but is not limited to, an acknowledgment that the conservation easement is being granted in perpetuity. The division of conservation in cooperation with the conservation easement oversight commission shall develop the disclosure form and publish the approved form on its website. The signed disclosure form must be submitted to the division of conservation as part of the tax credit application.     History. Source: L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: (5) added, p. 990, § 2, effective August 6. L. 2019: (6) added, (HB 19-1264), ch. 420, p. 3678, § 6, effective June 30.
CO Code § 38-30.5-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-104. Creation of Conservation Easements in Gross

  A conservation easement in gross may only be created by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used thereon by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such an easement under this article.    A conservation easement in gross may only be created through a grant to or a reservation by a governmental entity, including the division of conservation created in section 12-15-102, or a grant to or a reservation by a charitable organization exempt under section 501 (c)(3) of the federal “Internal Revenue Code of 1986”, as amended, which organization was created at least two years prior to receipt of the conservation easement.    Repealed.    Conservation easements relating to historical, architectural, or cultural significance may only be applied to buildings, sites, or structures which have been listed in the national register of historic places or the state register of historic properties, which have been designated as a landmark by a local government or landmarks commission under the provisions of the ordinances of the locality involved, or which are listed as contributing building sites or structures within a national, state, or locally designated historic district.    If a water right is represented by shares in a mutual ditch or reservoir company, a conservation easement in gross that encumbers the water right may be created or revoked only after sixty days' notice and in accordance with the applicable requirements of the mutual ditch or reservoir company, including, but not limited to, its articles of incorporation and bylaws as amended from time to time.     History. Source: L. 76: Entire article added, p. 751, § 1, effective July 1. L. 85: (3) repealed and (4) amended, p. 1203, §§ 3, 1, effective July 1. L. 99: (2) amended, p. 632, § 49, effective August 4. L. 2003: (1) amended and (5) added, p. 991, § 3, effective August 6; (2) amended, p. 1022, § 1, effective August 6. L. 2021: (2) amended,(HB 21-1233), ch. 385, p. 2577, § 2, effective June 30.    ANNOTATION   Subsection (1) did not preclude reformation of conservation deed based on mutual mistake of fact. Although the grantor was misidentified in the conservation deed, the failure to confirm the property's ownership prior to the conveyance did not preclude reformation based on mutual mistake. Rather, reformation accomplished the purpose of subsection (1) and effectuated the intent of the parties to the instrument. Ranch O, LLC v. Colo. Cattlemen's Agric. Land Trust, , 361 P.3d 1063 .   Notice requirement of subsection (5) applied prospectively. The 60-day notice requirement did not clarify existing law; rather, it created a new obligation affecting substantive rights and therefore applies to conservation easements created on and after the 2003 effective date of subsection (5). Mesa County Land Conservancy, Inc. v. Allen, 2012 COA 95 , 318 P.3d 46.
CO Code § 38-30.5-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-105. Residual Estate

 All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the lands or water or water rights affected by the easement that are not inconsistent with the easement or prohibited by the easement or by law.   History. Source: L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: Entire section amended, p. 991, § 4, effective August 6.
CO Code § 38-30.5-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-106. Recordation Upon Public Records

 Instruments creating, assigning, or otherwise transferring conservation easements in gross must be recorded upon the public records affecting the ownership of real property in order to be valid and shall be subject in all respects to the laws relating to such recordation.   History. Source: L. 76: Entire article added, p. 751, § 1, effective July 1.
CO Code § 38-30.5-107 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-107. Release - Termination

 If it is determined that conditions on or surrounding a property encumbered by a conservation easement in gross change so that it becomes impossible to fulfill its conservation purposes that are defined in the deed of conservation easement, a court with jurisdiction may, at the joint request of both the owner of property encumbered by a conservation easement and the holder of the easement, terminate, release, extinguish, or abandon the conservation easement. If condemnation by a public authority of a part of a property or of the entire property encumbered by a conservation easement in gross renders it impossible to fulfill any of the conservation purposes outlined in the deed of conservation easement, the conservation easement may be terminated, released, extinguished, or abandoned through condemnation proceedings. A conservation easement in gross for which a Colorado state income tax credit has been allowed may not in whole or in part be released, terminated, extinguished, or abandoned by merger with the underlying fee interest in the servient land or water rights. Any release, termination, or extinguishment of a conservation easement under this section must be recorded in the records of the office of the clerk and recorder in the county where the conservation easement is located.   History. Source: L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: Entire section amended, p. 991, § 5, effective August 6. L. 2019: Entire section amended,(HB 19-1264), ch. 420, p. 3678, § 7, effective June 30.    ANNOTATION   Law reviews. For article, “Terminating and Amending Conservation Easements in Colorado”, see 45 Colo. Law. 47 (Aug. 2016).
CO Code § 38-30.5-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-108. Enforcement - Remedies

  No conservation easement in gross shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed as running with the land.    Actual or threatened injury to or impairment of a conservation easement in gross or the interest intended for protection by such easement may be prohibited or restrained by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by an owner of the easement.    In addition to the remedy of injunctive relief, the holder of a conservation easement in gross shall be entitled to recover money damages for injury thereto or to the interest to be protected thereby. In assessing such damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, and environmental values.     History. Source: L. 76: Entire article added, p. 752, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Terminating and Amending Conservation Easements in Colorado”, see 45 Colo. Law. 47 (Aug. 2016).
CO Code § 38-30.5-109 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-109. Taxation

 Conservation easements in gross shall be subject to assessment, taxation, or exemption from taxation in accordance with general laws applicable to the assessment and taxation of interests in real property. Real property subject to one or more conservation easements in gross shall be assessed, however, with due regard to the restricted uses to which the property may be devoted. The valuation for assessment of a conservation easement which is subject to assessment and taxation, plus the valuation for assessment of lands subject to such easement, shall equal the valuation for assessment which would have been determined as to such lands if there were no conservation easement.   History. Source: L. 76: Entire article added, p. 752, § 1, effective July 1.
CO Code § 38-30.5-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-110. Other Interests Not Impaired

 No interest in real property cognizable under the statutes, common law, or custom in effect in this state prior to July 1, 1976, nor any lease or sublease thereof at any time, nor any transfer of a water right or any change of a point of diversion decreed prior to the recordation of any conservation easement in gross restricting a transfer or change shall be impaired, invalidated, or in any way adversely affected by reason of any provision of this article. No provision of this article shall be construed to mean that conservation easements in gross were not lawful estates in land prior to July 1, 1976. Nothing in this article shall be construed so as to impair the rights of a public utility, as that term is defined by section 40-1-103 , C.R.S., with respect to rights-of-way, easements, or other property rights upon which facilities, plants, or systems of a public utility are located or are to be located. Any conservation easement in gross concerning water or water rights shall be subject to the “Water Right Determination and Administration Act of 1969”, as amended, article 92 of title 37, C.R.S., and any decree adjudicating the water or water rights.   History. Source: L. 76: Entire article added, p. 752, § 1, effective July 1. L. 2003: Entire section amended, p. 991, § 6, effective August 6.
CO Code § 38-30.5-111 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.5 - Conservation Easements|§ 38-30.5-111. Validation

  Any conservation easement in gross created on or after July 1, 1976, but before July 1, 1985, that would have been valid under this article except for section 38-30.5-104 (3) is valid and shall be a binding, legal, and enforceable obligation.    Any conservation easement in gross affecting water rights created prior to August 6, 2003, shall be a binding, legal, and enforceable obligation if it complies with the requirements of this article.     History. Source: L. 85: Entire section added, p. 1203, § 2, effective July 1. L. 2003: Entire section amended, p. 992, § 7, effective August 6.    Editor's note:   Section 38-30.5-104 (3) , which is referenced in this section, was repealed by L. 85, p. 1203 , § 3, effective July 1, 1985.
CO Code § 38-30.7-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.7 - Wind Energy|§ 38-30.7-101. Legislative Declaration

 The general assembly finds and declares that a wind energy right is an interest in real property appurtenant to the surface estate.   History. Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 45, § 1, effective August 5.
CO Code § 38-30.7-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.7 - Wind Energy|§ 38-30.7-102. Definitions

 As used in this article, unless the context otherwise requires:    “Wind energy agreement” or “agreement” means a lease, license, easement, or other agreement between the owner of a surface estate and a wind energy developer to develop wind-powered energy generation.    “Wind energy developer” means the lessee, easement holder, licensee, or similar party under a wind energy agreement.    “Wind energy developer of record” means the wind energy developer named in a recorded wind energy agreement or, if the wind energy agreement has been transferred by a recorded document, the most recent transferee of the rights of the original wind energy developer identified in the recorded document.    “Wind energy right” means the right of the owner of a surface estate, either directly or through a wind energy developer under a wind energy agreement, to capture and employ the kinetic energy of the wind.    “Wind-powered energy generation” means the generation of electricity by means of a turbine or other device that captures and employs the kinetic energy of the wind.     History. Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 45, § 1, effective August 5.
CO Code § 38-30.7-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.7 - Wind Energy|§ 38-30.7-104. Expiration of Rights Under Wind Energy Agreements

  Except as otherwise provided in a wind energy agreement or an amendment to the agreement, all rights of a wind energy developer to use real property for wind energy development or production under a wind energy agreement entered into on or after July 1, 2012, expire if no wind-powered energy generation has occurred under the agreement for a continuous period of fifteen years. The expiration of rights under this section does not modify any obligation to restore or reclaim the surface estate that is contained in the agreement or imposed by law.    At any time after a wind energy developer has determined to commence construction of wind energy generating facilities under a recorded wind energy agreement, the wind energy developer may record in the office of the county clerk and recorder where the land subject to the agreement is located an affidavit stating the date on which such construction commenced or is expected to commence. If no such affidavit is recorded, then the wind energy agreement expires in accordance with its own terms or, if no expiration date is specified, fifteen years after the recording of the wind energy agreement. The affidavit must identify the wind energy agreement with reasonable clarity, including the names of the parties, the legal description of the property subject to the agreement, and the applicable recording information of the agreement. The county clerk and recorder shall index the affidavit in both the grantor and grantee indices under the names of all parties identified in the affidavit.     History. Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 48, § 1, effective August 5.
CO Code § 38-30.7-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 30.7 - Wind Energy|§ 38-30.7-105. Taxation

 Equipment used in the development of wind energy is exempt from the levy and collection of personal property tax until the equipment is first used pursuant to section 39-3-118.5 , C.R.S.   History. Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 49, § 1, effective August 5.
CO Code § 38-32-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32 - Estates Above Surface|§ 38-32-101. Estates May Be Created

 Estates, rights, and interests in areas above the surface of the ground, whether or not contiguous thereto, may be validly created in persons or corporations other than the owners of the land below such areas and shall be deemed to be estates, rights, and interests in lands.   History. Source: L. 53: P. 202, § 1. CRS 53: § 118-12-1. C.R.S. 1963: § 118-12-1. History. Source: L. 53: P. 202, § 1. CRS 53: § 118-12-1. C.R.S. 1963: § 118-12-1.    Cross references:   For sovereignty in the space above the lands and waters of Colorado, see § 41-1-106 ; for ownership of the same, see § 41-1-107 .   ANNOTATION   Law reviews. For note, “The Creation of Estates in Airspace”, see 25 Rocky Mt. L. Rev. 354 (1953).   Legislative intent. The intent of the General Assembly in providing for the establishment of estates in airspace was to subject all such estates to those legal provisions historically and by statute applicable to the traditional estate in real property. Ass'n of Owners, Satellite Apt., Inc. v. Otte, 38 Colo. App. 12, 550 P.2d 894 (1976).
CO Code § 38-32-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32 - Estates Above Surface|§ 38-32-102. Estates Deemed Estates in Land

 Estates, rights, and interests in such areas shall pass by descent and distribution in the same manner as estates, rights, and interests in land and may be held, enjoyed, possessed, alienated, conveyed, exchanged, transferred, assigned, demised, released, charged, mortgaged, or otherwise encumbered, devised, and bequeathed in the same manner, upon the same conditions, and for the same uses and purposes as estates, rights, and interests in land and shall be in all other respects dealt with and treated as estates, rights, and interests in land.   History. Source: L. 53: P. 202, § 2. CRS 53: § 118-12-2. C.R.S. 1963: § 118-12-2. History. Source: L. 53: P. 202, § 2. CRS 53: § 118-12-2. C.R.S. 1963: § 118-12-2.
CO Code § 38-32-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32 - Estates Above Surface|§ 38-32-103. Rights, Incidents, and Duties

 All of the rights, privileges, incidents, powers, remedies, burdens, duties, liabilities, and restrictions pertaining to estates, rights, and interests in land shall appertain and be applicable to such estates, rights, and interests in areas above the surface of the ground.   History. Source: L. 53: P. 202, § 3. CRS 53: § 118-12-3. C.R.S. 1963: § 118-12-3. History. Source: L. 53: P. 202, § 3. CRS 53: § 118-12-3. C.R.S. 1963: § 118-12-3.
CO Code § 38-32-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32 - Estates Above Surface|§ 38-32-104. Laws on Land Applicable

 The provisions of articles 30 to 44 of this title and of any other law of this state shall be applicable to estates, rights, and interests created in areas above the surface of the ground and to instruments creating, disposing of, or otherwise affecting such estates, rights, and interests wherever such provisions would be applicable to estates, rights, and interests in land or to instruments creating, disposing of, or otherwise affecting estates, rights, and interests in land.   History. Source: L. 53: P. 202, § 4. CRS 53: § 118-12-4. C.R.S. 1963: § 118-12-4. History. Source: L. 53: P. 202, § 4. CRS 53: § 118-12-4. C.R.S. 1963: § 118-12-4.
CO Code § 38-32-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32 - Estates Above Surface|§ 38-32-105. Estates Affected

 The provisions of this article shall be applicable to such estates, rights, and interests created in areas above the surface of the ground, whether such estates, rights, and interests were created prior to or after March 12, 1953.   History. Source: L. 53: P. 203, § 5. CRS 53: § 118-12-5. C.R.S. 1963: § 118-12-5. History. Source: L. 53: P. 203, § 5. CRS 53: § 118-12-5. C.R.S. 1963: § 118-12-5.
CO Code § 38-32.5-100.3 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32.5 - Solar Easements|§ 38-32.5-100.3. Definitions

 As used in this article, unless the context otherwise requires:    “Solar easement” means the right of receiving sunlight across real property for any solar energy device. Such a right may be stated in any deed, will, or other instrument executed by or on behalf of any owner of land or sky space.    “Solar energy device” means a solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy.     History. Source: L. 79: Entire section added, p. 1395, § 1, effective May 25.
CO Code § 38-32.5-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32.5 - Solar Easements|§ 38-32.5-101. Solar Easements - Creation

 Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements; except that a solar easement shall not be acquired by prescription.   History. Source: L. 75: Entire article added, p. 1430, § 1, effective July 18. L. 79: Entire section amended, p. 1395, § 2, effective May 25.
CO Code § 38-32.5-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32.5 - Solar Easements|§ 38-32.5-102. Contents

  Any instrument creating a solar easement shall include, but the contents shall not be limited to:   A description of the vertical and horizontal angles, expressed in degrees together with any pertinent hourly, diurnal, or seasonal variations thereof, and measured from the site of the solar energy device, within which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three-dimensional space or the place and time of day in which an obstruction to direct sunlight is prohibited or limited;    Any terms or conditions or both under which the solar easement is granted or will be terminated;    Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement;    The restrictions placed upon vegetation, structures, and other objects which would impair or obstruct the passage of sunlight through the easement.        History. Source: L. 75: Entire article added, p. 1430, § 1, effective July 18. L. 79: (1)(a) amended and (1)(d) added, p. 1396, § 3, effective May 25.
CO Code § 38-32.5-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 32.5 - Solar Easements|§ 38-32.5-103. Enforcement

 In addition to other legal remedies, injunctive relief may be available if otherwise appropriate for the enforcement of solar easements. Nothing in this section shall be construed to affect legal remedies for the enforcement of other types of easements.   History. Source: L. 79: Entire section added, p. 1395, § 1, effective May 25.