{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1010.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1010.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1010.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1010.html"}],"law_id":69603,"edition_id":1,"section_id":69603,"structure_id":14905,"section_number":"10.1-1010","catch_line":"Creation, acceptance and duration","history":"1988, cc. 720, 891; 2000, c. 182; 2003, c. 1014; 2004, c. 364.","full_text":"A\n\nA holder may acquire a conservation easement by gift, purchase, devise or bequest.B\n\nNo 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.C\n\nA conservation easement shall be perpetual in duration unless the instrument creating it otherwise provides a specific time. For all easements, the holder shall (i) meet the criteria in § 10.1-1009 and (ii) either have had a principal office in the Commonwealth for at least five years, or be a national organization in existence for at least five years which has an office in the Commonwealth and has registered and is in good standing with the State Corporation Commission. Until a holder has met these requirements, the holder may co-hold a conservation easement with another holder that meets the requirements.D\n\nAn 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 in writing.E\n\nNo conservation easement shall be valid and enforceable unless the limitations or obligations created thereby conform in all respects to the comprehensive plan at the time the easement is granted for the area in which the real property is located.F\n\nThis chapter does not affect the power of the court to modify or terminate a conservation easement in accordance with the principles of law and equity, or in any way limit the power of eminent domain as possessed by any public body. In any such proceeding the holder of the conservation easement shall be compensated for the value of the easement.","order_by":null,"text":{"0":{"id":251631,"text":"A holder may acquire a conservation easement by gift, purchase, devise or bequest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251632,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":251633,"text":"A conservation easement shall be perpetual in duration unless the instrument creating it otherwise provides a specific time. For all easements, the holder shall (i) meet the criteria in § 10.1-1009 and (ii) either have had a principal office in the Commonwealth for at least five years, or be a national organization in existence for at least five years which has an office in the Commonwealth and has registered and is in good standing with the State Corporation Commission. Until a holder has met these requirements, the holder may co-hold a conservation easement with another holder that meets the requirements.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":251634,"text":"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 in writing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":251635,"text":"No conservation easement shall be valid and enforceable unless the limitations or obligations created thereby conform in all respects to the comprehensive plan at the time the easement is granted for the area in which the real property is located.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":251636,"text":"This chapter does not affect the power of the court to modify or terminate a conservation easement in accordance with the principles of law and equity, or in any way limit the power of eminent domain as possessed by any public body. In any such proceeding the holder of the conservation easement shall be compensated for the value of the easement.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14905,"edition_id":1,"name":"Virginia Conservation Easement Act","identifier":"10.1","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:50:42","date_modified":"2026-06-26 03:50:42","permalink":{"id":143511,"object_type":"structure","relational_id":14905,"identifier":"10.1","token":"10.1\/I\/10.1","url":"\/10.1\/I\/10.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12893,"edition_id":1,"name":"Activities Administered by the Department of Conservation and Recreation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":143315,"object_type":"structure","relational_id":12893,"identifier":"I","token":"10.1\/I","url":"\/10.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64435,"structure_id":14905,"section_number":"10.1-1009","catch_line":"Definitions","url":"\/10.1-1009\/","token":"10.1\/I\/10.1\/10.1-1009","metadata":false},{"id":69603,"structure_id":14905,"section_number":"10.1-1010","catch_line":"Creation, acceptance and duration","url":"\/10.1-1010\/","token":"10.1\/I\/10.1\/10.1-1010","metadata":false},{"id":83678,"structure_id":14905,"section_number":"10.1-1011","catch_line":"Taxation","url":"\/10.1-1011\/","token":"10.1\/I\/10.1\/10.1-1011","metadata":false},{"id":63613,"structure_id":14905,"section_number":"10.1-1012","catch_line":"Notification","url":"\/10.1-1012\/","token":"10.1\/I\/10.1\/10.1-1012","metadata":false},{"id":84605,"structure_id":14905,"section_number":"10.1-1013","catch_line":"Standing","url":"\/10.1-1013\/","token":"10.1\/I\/10.1\/10.1-1013","metadata":false},{"id":58869,"structure_id":14905,"section_number":"10.1-1014","catch_line":"Validity","url":"\/10.1-1014\/","token":"10.1\/I\/10.1\/10.1-1014","metadata":false},{"id":56900,"structure_id":14905,"section_number":"10.1-1015","catch_line":"Conveyance to the Commonwealth","url":"\/10.1-1015\/","token":"10.1\/I\/10.1\/10.1-1015","metadata":false},{"id":73783,"structure_id":14905,"section_number":"10.1-1016","catch_line":"Savings clause","url":"\/10.1-1016\/","token":"10.1\/I\/10.1\/10.1-1016","metadata":false},{"id":71743,"structure_id":14905,"section_number":"10.1-1016.1","catch_line":"Construction","url":"\/10.1-1016.1\/","token":"10.1\/I\/10.1\/10.1-1016.1","metadata":false}],"previous_section":{"id":64435,"structure_id":14905,"section_number":"10.1-1009","catch_line":"Definitions","url":"\/10.1-1009\/","token":"10.1\/I\/10.1\/10.1-1009","metadata":false},"next_section":{"id":83678,"structure_id":14905,"section_number":"10.1-1011","catch_line":"Taxation","url":"\/10.1-1011\/","token":"10.1\/I\/10.1\/10.1-1011","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1010\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapters 720 and 891 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 182<\/a>; in 2003, chapter 1014<\/a>; in 2004, chapter 364<\/a>.<\/p>","references":false,"refers_to":[{"id":64435,"section_number":"10.1-1009","catch_line":"Definitions","order_by":null,"url":"\/10.1-1009\/"}],"permalink":{"id":143517,"object_type":"law","relational_id":69603,"identifier":"10.1-1010","token":"10.1\/I\/10.1\/10.1-1010","url":"\/10.1-1010\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1010\/","token":"10.1\/I\/10.1\/10.1-1010","dublin_core":{"Title":"Creation, acceptance and duration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1010","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A holder<\/span> may acquire a conservation easement<\/span> by gift, purchase, devise or bequest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No right or duty in favor of or against a holder<\/span> and no right in favor of a person having a third-party<\/span> right of enforcement arises under a conservation easement<\/span> before its acceptance by the holder<\/span> and a recordation of the acceptance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A conservation easement<\/span> shall be perpetual in duration unless the instrument creating it otherwise provides a specific time. For all easements, the holder<\/span> shall (i) meet the criteria in § 10.1-1009<\/a> and (ii) either have had a principal office in the Commonwealth for at least five years, or be a national organization in existence for at least five years which has an office in the Commonwealth and has registered and is in good standing with the State Corporation Commission. Until a holder<\/span> has met these requirements, the holder<\/span> may co-hold a conservation easement<\/span> with another holder<\/span> that meets the requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An interest in real property in existence at the time a conservation easement<\/span> is created is not impaired by it unless the owner of the interest is a party<\/span> to the conservation easement<\/span> or consents to it in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No conservation easement<\/span> shall be valid and enforceable unless the limitations or obligations created thereby conform in all respects to the comprehensive plan at the time the easement is granted for the area in which the real property is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> This chapter does not affect the power of the court<\/span> to modify or terminate a conservation easement<\/span> in accordance with the principles of law<\/span> and equity<\/span>, or in any way limit the power of eminent domain as possessed by any public body<\/span>. In any such proceeding the holder<\/span> of the conservation easement<\/span> shall be compensated for the value of the easement. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREATION, ACCEPTANCE AND DURATION (\u00a7 10.1-1010)\n\nA. A holder may acquire a conservation easement by gift, purchase, devise or\nbequest.\n\nB. No right or duty in favor of or against a holder and no right in favor of a\nperson having a third-party right of enforcement arises under a conservation\neasement before its acceptance by the holder and a recordation of the\nacceptance.\n\nC. A conservation easement shall be perpetual in duration unless the instrument\ncreating it otherwise provides a specific time. For all easements, the holder\nshall (i) meet the criteria in § 10.1-1009 and (ii) either have had a\nprincipal office in the Commonwealth for at least five years, or be a national\norganization in existence for at least five years which has an office in the\nCommonwealth and has registered and is in good standing with the State\nCorporation Commission. Until a holder has met these requirements, the holder\nmay co-hold a conservation easement with another holder that meets the\nrequirements.\n\nD. An interest in real property in existence at the time a conservation easement\nis created is not impaired by it unless the owner of the interest is a party to\nthe conservation easement or consents to it in writing.\n\nE. No conservation easement shall be valid and enforceable unless the\nlimitations or obligations created thereby conform in all respects to the\ncomprehensive plan at the time the easement is granted for the area in which the\nreal property is located.\n\nF. This chapter does not affect the power of the court to modify or terminate a\nconservation easement in accordance with the principles of law and equity, or in\nany way limit the power of eminent domain as possessed by any public body. In\nany such proceeding the holder of the conservation easement shall be compensated\nfor the value of the easement.\n\nHISTORY: 1988, cc. 720, 891; 2000, c. 182; 2003, c. 1014; 2004, c. 364.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}