Bill No.: HB0300                  Drafter:  KMS

 

LSO No.:  05LSO-0580              Effective Date:  7/1/2005

 

Enrolled Act No.:  HEA0096

 

Chapter No.:       167

 

Prime Sponsor:     Representative Iekel

 

Catch Title:       Rights for historic preservation.

 

Subject:  Establishes historic preservation rights.

 

Summary/Major Elements:

 

·        This bill:

 

·        Creates provisions which allow an owner of real property to convey a historic preservation right to the state, city, town, county, joint powers board or other political subdivision of the state or to a nonprofit corporation or trust whose primary purpose includes the preservation of buildings, structures or sites of historical, architectural or cultural significance.

·        Conveyances do not become effective until accepted by grantee and acceptance can be conditioned upon any requirements imposed by the grantee including compensation by the grantor for the management of the right.

·        Provides definition for "historic preservation right" and specifies that the interest is not unenforceable because of lack of benefit to specific property.

·        Specifies that an instrument conveying or reserving a historic preservation right may require, prohibit, condition, limit or control access, public visitation, affirmative acts such as alterations, conditions of operation, acts detrimental to preservation and any other acts or uses relating to the preservation of structures or improvements or appurtenances.

·        Release, transfer or assignment of a historic preservation right is restricted.

·        Any one holding a historic preservation right may enforce the right by initiating a civil action seeking injunctive relief, specific performance or damages.