Utah Code 57-18-7. Conservation easement not obtained through eminent domain — Conservation easement may not interfere with eminent domain
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(1) No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain.
Terms Used In Utah Code 57-18-7
- 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 in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
(2) The existence of a conservation easement may not defeat or interfere with the otherwise proper exercise of eminent domain under Title 78B, Chapter 6, Part 5, Eminent Domain .