Idaho Code 55-2103 – Persons Who May Bring Actions — Powers of the Court
Current as of: 2023 | Check for updates
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(1) An action affecting a conservation easement may be brought by:
(a) An owner of an interest in the real property burdened by the easement;
(b) A holder of the easement;
(c) A person having a third-party right of enforcement; or
(d) A person authorized by other law.
(2) 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.
Terms Used In Idaho Code 55-2103
- 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 Idaho Code 55-2101
- Holder: means :
Idaho Code 55-2101person: includes a corporation as well as a natural person;
Idaho Code 73-114Real 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 Idaho Code 55-2101