Maine Code § 33-145

Validity
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An option to purchase at agricultural value is valid and enforceable, notwithstanding any of the
following conditions. [PL 2025, c. 471, Pt. B, §1 (NEW).]
1. Not appurtenant to interest in real property. The option to purchase at agricultural value is
not appurtenant and does not run with an interest in real property.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
2. Assignable to another holder. The option to purchase at agricultural value can be or has been
assigned to another qualified holder.
[PL 2025, c. 471, Pt. B, §1 (NEW).]

3. Not recognized at common law. The option to purchase at agricultural value is not of a
character traditionally recognized at common law.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
4. Imposes negative burden. The option to purchase at agricultural value imposes a negative
burden.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
5. Imposes affirmative obligations. The option to purchase at agricultural value imposes
affirmative obligations upon the fee owner of an interest in the burdened property or the qualified
holder.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
6. Benefit does not touch or concern real property. The benefit of the option to purchase at
agricultural value is held by a qualified holder who has not retained property that would benefit from
enforcement of the option to purchase at agricultural value, or the benefit does not touch or concern
real property in any other way.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
7. No privity of estate or contract. There is no privity of estate or privity of contract.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
8. Does not run to successors or assigns. The option to purchase at agricultural value does not
run to the successors or assigns of the qualified holder.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
9. Unreasonable restraint on alienability. The option to purchase at agricultural value may be
considered to be an unreasonable restraint on alienability.
[PL 2025, c. 471, Pt. B, §1 (NEW).]
10. Violation of rule against perpetuities. The option to purchase at agricultural value may
violate the rule against perpetuities.
[PL 2025, c. 471, Pt. B, §1 (NEW).]

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