§35-18-3. Actions affecting a conservation easement.  


Latest version.
  • (a) An action affecting a conservation easement may be brought by any of the following:

    (1) An owner of an interest in the real property burdened by the easement.

    (2) A holder of the easement.

    (3) A person having a third-party right of enforcement only to the extent provided in the instrument creating the easement.

    (b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity applicable to other easements and specifically including the doctrine of changed conditions.

(Acts 1997, No. 97-715, p. 1483, §3.)