Historical Preservation Act

Utah Code tit. 9, ch. 9-8a, pt. 9-8a-P5

in effect

Utah Code § 9-8a-502 Legislative finding.

9-8a-502. Legislative finding. The Legislature finds and declares that preservation and restoration of historically significant real property and structures as identified by the State Register of Historic Sites are in the public interest of the people of the state of Utah and should be promoted by the laws of this state. Renumbered and Amended by Chapter 160, 2023 General Session

Utah Code § 9-8a-503 Preservation easement.

9-8a-503. Preservation easement. Any owner of a fee simple interest in real property may convey, and any other party entitled to own real property interests may accept, a preservation easement pertaining to the real property if the real property possesses historical value that will be enhanced or preserved by the terms of the easement regarding restoration or preservation of the real property. Renumbered and Amended by Chapter 160, 2023 General Session

Utah Code § 9-8a-504 Preservation easement -- Subject to other laws.

9-8a-504. Preservation easement -- Subject to other laws. Except as provided in this part, preservation easements are subject to the other laws of this state governing easements, generally. Any preservation easement may, with respect to the burdened land, entitle its owner to take certain action, to require certain action to be taken by the owner of the burdened land, or require that certain action not be taken by the owner of the burdened land, and under any such circumstances may be either appurtenant or in gross. Renumbered and Amended by Chapter 160, 2023 General Session

Utah Code § 9-8a-505 Rule Against Perpetuities and Rule Restricting Unreasonable Restraints on Alienation not applicable.

9-8a-505. Rule Against Perpetuities and Rule Restricting Unreasonable Restraints on Alienation not applicable. The rule of property known as the Rule Against Perpetuities and the rule of property known as the Rule Restricting Unreasonable Restraints on Alienation may not be applied to defeat any of the provisions of this part or of any deed, lease, conveyance, covenant, easement, or other interest created or document executed in accordance with the provisions of this part. Renumbered and Amended by Chapter 160, 2023 General Session

Utah Code § 9-8a-506 Charitable contribution for tax purposes.

9-8a-506. Charitable contribution for tax purposes. Any conveyance of a preservation easement may be deemed a charitable contribution for tax purposes in accordance with the laws, rules, and regulations pertaining to charitable contributions of interests in real property. Renumbered and Amended by Chapter 160, 2023 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title9/Chapter8A/9-8a-P5.html?v=C9-8a-P5_2023050320230701Fetched: 10/26/2026