Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-30.5-101 (2026)

Legislative intent

✓ current as of July 2026
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The general assembly finds and declares that it is in the public interest to define conservation easements in gross, since such easements have not been defined by the judiciary. Further, the general assembly finds and declares that it is in the public interest to determine who may receive such easements and for what purpose such easements may be received.

Source: L. 76: Entire article added, p. 750, § 1, effective July 1.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1989–2025 · leading case: Andrew v. Teller Cnty. Bd. of Equalization, 284 P.3d 172 (Colo. Ct. App. 2012).
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Andrew v. Teller Cnty. Bd. of Equalization, 284 P.3d 172 (Colo. Ct. App. 2012). “13 All parcels within the subdivision are subject to a perpetual conservation easement, established in 1990 for the preservation of wildlife habitat by a deed creating a nonexclusive conservation easement in gross under sections 38-30.5-101 to -112, C.R.S.2011.”
Kowalchik v. Brohl, 277 P.3d 885 (Colo. Ct. App. 2012). “See gemerally §§ 38-30.5-101 to ~112, C.R.S.2011 (establishing the purposes and requirements for conservation easements in gross).”
Nicol v. Nelson, 776 P.2d 1144 (Colo. Ct. App. 1989). “Defendants’ remaining contentions regarding the doctrine of laches and the creation of a conservation easement pursuant to § 38-30.5-101, et seq., C.R.S. (1982 Repl.”
Markus v. Brohl, 412 P.3d 647 (Colo. Ct. App. 2014). “¶ 2 In Colorado, a taxpayer may claim a state income tax credit, all or part of which is transferable to third parties and which may be carried forward for up to twenty years, in connection with a donation of a qualifying CE to a governmental entity or charitable organization.”
Medved v. State, 411 P.3d 206 (Colo. Ct. App. 2016). · cites it 2× “§§ 38-30.5-101 to - 111, C.R.S. 2016. ¶ 8 In Colorado, a taxpayer may claim a state income tax credit for a qualifying CE to a government entity or charitable organization, and that credit may be carried forward for up to twenty years.”
Medved v. State, 434 P.3d 674 (Colo. Ct. App. 2016). · cites it 2× “§§ 38-30.5-101 to - 111, C.R.S. 2016. ¶ 8 In Colorado, a taxpayer may claim a state income tax credit for a qualifying CE to a government entity or charitable organization, and that credit may be carried forward for up to twenty years.”
La Plata Open v. Baker (Colo. Ct. App. 2025). “§§ 38-30.5-101 to -111, C.R.S. 2024. A conservation easement “is a permanent restriction that runs with the land for the purpose of protecting and preserving the land.”
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