South Carolina Code 27-8-40. Who may bring action affecting easement
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(A) An action affecting a conservation easement may be brought by:
(1) an owner of an interest in the real property burdened by the easement;
Terms Used In South Carolina Code 27-8-40
- Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include one or more of the following:
(a) retaining or protecting natural, scenic, or open-space aspects of real property;
(b) ensuring the availability of real property for agricultural, forest, recreational, educational, or open-space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality;
(e) preserving the historical, architectural, archaeological, or cultural aspects of real property. See South Carolina Code 27-8-20 - Holder: means :
(a) a governmental body empowered to hold an interest in real property under the laws of this State or the United States; or
(b) a charitable, not-for-profit or educational corporation, association, or trust the purposes or powers of which include one or more of the purposes listed in subsection (1). See South Carolina Code 27-8-20 - Third-party right of enforcement: means a right provided by the grantor of the conservation easement to enforce selected terms of the conservation easement which is granted to a governmental body, a charitable, not-for-profit, or educational corporation, association, or trust, which though not the holder of the easement, is eligible to be the holder of such easement. See South Carolina Code 27-8-20
(2) a holder of the easement;
(3) a person having a third-party right of enforcement; or
(4) a person otherwise authorized by law.
(B) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with principles of law and equity.