Section 2 – Definition and characteristics of conservation easement.

57-18-2. Definition and characteristics of conservation easement. (1) As used in this chapter, “conservation easement” means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly […]

Section 3 – Acquisition of conservation easement.

57-18-3. Acquisition of conservation easement. A charitable organization which qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code or a governmental entity may acquire a conservation easement by purchase, gift, devise, grant, lease, or bequest. Enacted by Chapter 155, 1985 General Session

Section 4 – Requirements for creation.

57-18-4. Requirements for creation. (1) Any property owner may grant a conservation easement to any other qualified person as defined in Section 57-18-3 in the same manner and with the same effect as any other conveyance of an interest in real property. (2) (a) A conservation easement shall be in writing and shall be recorded […]

Section 5 – Termination.

57-18-5. Termination. A conservation easement may be terminated, in whole or in part, by release, abandonment, merger, nonrenewal, conditions set forth in the instrument creating the conservation easement, or in any other lawful manner in which easements may be terminated. Enacted by Chapter 155, 1985 General Session

Section 6 – Enforcement.

57-18-6. Enforcement. (1) A conservation easement may be enforced or protected by injunctive relief granted by a court in a proceeding initiated by the grantor or holder of the easement. (2) In addition to injunctive relief, the holder of a conservation easement is entitled to recover money damages. (3) The holder of a conservation easement […]

Section 7 – Conservation easement not obtained through eminent domain — Conservation easement may not interfere with eminent domain.

57-18-7. Conservation easement not obtained through eminent domain — Conservation easement may not interfere with eminent domain. (1) No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain. (2) The existence of a conservation easement may not defeat or interfere with the otherwise proper exercise […]