An action affecting a conservation easement may be brought by:

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

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Terms Used In South Dakota Codified Laws 1-19B-58

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(2) A holder of the easement; or

(3) A person having a thirdparty right of enforcement.

Sections 1-19B-56 to 1-19B-60, inclusive, do not affect the power of a court to modify or terminate a conservation easement according to the principles of law and equity.

Source: SL 1984, ch 280, § 3.