Sec. 6. (a) An action that affects 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 Indiana Code 32-23-5-6

  • conservation easement: means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of:

    Indiana Code 32-23-5-2

  • Grantor: The person who establishes a trust and places property into it.
  • holder: means any of the following:

    Indiana Code 32-23-5-3

  • third party right of enforcement: means a right that is:

    Indiana Code 32-23-5-4

(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, or the termination of a conservation easement by agreement of the grantor and grantee.

[Pre-2002 Recodification Citation: 32-5-2.6-3.]

As added by P.L.2-2002, SEC.8.