For the purposes of sections
47-42b,
47-42c and
47-42d, the following definitions shall apply:
(a) “Conservation restriction” means a limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land described therein, including, but not limited to, the state or any political subdivision of the state, or in any order of taking such land whose purpose is to retain land or water areas predominantly in their natural, scenic or open condition or in agricultural, farming, forest or open space use.
(b) “Preservation restriction” means a limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of land, including, but not limited to, the state or any political subdivision of the state, or in any order of taking of such land whose purpose is to preserve historically significant structures or sites.
(1971, P.A. 173, S. 1; P.A. 04-96, S. 1; P.A. 05-124, S. 1.)
History: P.A. 04-96 added the state or any political subdivision of the state to conservation restriction and preservation restriction definitions, effective May 10, 2004; P.A. 05-124 made definitions applicable to Sec. 47-42d.
Notes of Decisions
Lyme Land Conservation Trust, Inc. v. Platner, 159 A.3d 666 (Conn. 2017).
· cites it 4× “By virtue of a "Declaration of Restrictive Covenants" (declaration) executed in 1981 by a former owner of the property and recorded in the Lyme land records, substantial portions of the property are protected by a conservation restriction, as defined by *671 General Statutes §…”
Lyme Land Conservation Trust, Inc. v. Platner, 221 A.3d 788 (Conn. 2019).
· cites it 4× “The plaintiff holds a conservation restriction (easement) on the property, which, consistent with General Statutes § 47-42a (a),4 prohibits the defendant from making certain changes to the property that would disturb its ‘‘ ‘natural .”
Heithaus v. Plan. & Zoning Comm'n, 779 A.2d 750 (Conn. 2001).
“(1/6/88) “As a condition to the obtaining of a Special Permit pursuant to subsection 5a or b above, the Owner shall grant a pei^etual preservation easement pursuant to Connecticut General Statutes [§§ 47-42a through 47-42c], enforceable by both the Historic District Commission…”
Vill. Apts., LLC v. Ward, 152 A.3d 76 (Conn. App. Ct. 2016).
“r physical facility and whether or not the existence of such facility is observable, or to bar, extinguish or otherwise affect any interest of the United States, of this state or any political subdivision thereof, of any public service company as defined in section 16-1 or of…”
Southbury Land Trust, Inc. v. Andricovich, 757 A.2d 1263 (Conn. App. Ct. 2000).
· cites it 2× “The conservation easement was to be a conservation restriction within the meaning of General Statutes § 47-42a (a), which defines a conservation restriction as “a limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will…”
Kepple v. Dohrmann, 60 A.3d 1031 (Conn. App. Ct. 2013).
· cites it 2× “P8-22 through P8-23; General Statutes § 47-42a (a) (“ ‘ [conservation restriction’ means a limitation, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land…”
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