Arizona Laws 33-273. Judicial actions
A. An action affecting a conservation easement may be brought by:
Terms Used In Arizona Laws 33-273
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property. See Arizona Laws 33-271
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Holder: means either:
(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States. See Arizona Laws 33-271
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Third party right of enforcement: means a right granted in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation or charitable trust, which, although eligible to be a holder, is not a holder. See Arizona Laws 33-271
- Trustee: A person or institution holding and administering property in trust.
1. An owner of an interest in the real property burdened by the easement.
2. A holder of the easement.
3. A governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement.
4. A person authorized by other law.
5. A governmental body if the holder is no longer in existence and there is no third party right of enforcement.
B. This article does not affect the power of a court to modify or terminate a conservation easement under the principles of law and equity. In determining whether to modify or terminate a conservation easement a court shall consider the public interest to be served.
C. In an action under this section, the owner of the real property burdened by the conservation easement, the holder of the conservation easement and any governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement shall be named as parties.