Idaho Code
Idaho Code

Idaho Code § 55-2102 (2026)

Conservation easement created — Conveyance — Acceptance — Duration. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Conservation easement created — Conveyance — Acceptance — Duration. 

(1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.

(2)  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 a recordation of the acceptance.
(3)  Except as provided in subsection (2) of section 55-2103, Idaho Code, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
(4)  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.
Notes of Decisions
Cited in 2 cases, 1995–2012 · leading case: Nat'l Wildlife Fed'n v. Espy, 45 F.3d 1337 (9th Cir. 1995).
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Nat'l Wildlife Fed'n v. Espy, 45 F.3d 1337 (9th Cir. 1995). “The district court concluded Idaho statutes regarding rights and duties under conservation easements, see Idaho Code § 55-2102 , precluded the court from granting the relief sought.”
Minnick v. Comm'r, 104 T.C.M. 755 (T.C. 2012). · cites it 2× “55-2102(4) —part of the Act—provides: "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.”
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