Kansas Statutes 58-3812. Same; judicial actions; who may bring action affecting conservation easement; modification or termination by court
Terms Used In Kansas Statutes 58-3812
- Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property. See Kansas Statutes 58-3810
- Holder: means :
(1) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(2) a charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property. See Kansas Statutes 58-3810
- Third-party right of enforcement: means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, which, although eligible to be a holder, is not a holder. See Kansas Statutes 58-3810
(a) An action affecting a conservation easement may be brought by:
(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; or
(4) a person authorized by other law.
(b) This act does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.