2017 ORS 271.745¹
Validity of conservation or highway scenic preservation easement

A conservation easement or highway scenic preservation easement is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(6) The benefit does not touch or concern real property; or

(7) There is no privity of estate or of contract. [1983 c.642 §4; 1985 c.160 §4]

Law Review Cita­tions

14 EL 557 (1984); 46 EL 759 (2017)

Atty. Gen. Opinions

Willamette River Greenway law as a specific separate scheme, (1974) Vol 36, p 1060

1 Legislative Counsel Committee, CHAPTER 271—Use and Disposition of Public Lands Generally; Easements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors271.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 271, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano271.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.