Minnesota Statutes 84C.03 – Judicial Actions
(a) An action affecting a conservation easement may be brought by:
Terms Used In Minnesota Statutes 84C.03
- 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 Minnesota Statutes 84C.01
- Holder: means :
(i) a governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(ii) 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 Minnesota Statutes 84C.01
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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 Minnesota Statutes 84C.01
(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 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.