(1) KRS § 382.800 to KRS § 382.860 shall apply to any interest created after July 15, 1988, which complies with KRS § 382.800 to KRS § 382.860, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(2) KRS § 382.800 to KRS § 382.860 shall apply to any interest created before July 15, 1988, if it would have been enforceable had it been created after July 15, 1988, unless retroactive application contravenes the constitution or laws of this state or the United States.

Terms Used In Kentucky Statutes 382.840

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(3) KRS § 382.800 to KRS § 382.860 shall not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 251, sec. 5, effective July 15, 1988.

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