(a) An action affecting any conservation easement granted on or after July 1, 2005, may be brought by:

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Terms Used In Tennessee Code 66-9-307

  • conservation easement: means an easement in land or structures which:
    (i) Is held for the benefit of the people of this state. See Tennessee Code 66-9-303
  • Holder: means a public body empowered to hold an interest in real property under the laws of the state or the United States. See Tennessee Code 66-9-303
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Third-party right of enforcement: means a right expressly provided in a conservation easement to enforce any of its terms granted to a public body, charitable corporation, charitable association, or charitable trust that, although eligible to be a holder, is not a holder. See Tennessee Code 66-9-303
(1) An owner of an interest in the real property burdened by the easement;
(2) A holder of the easement;
(3) A person having third-party right of enforcement;
(4) The attorney general and reporter, if the holder is no longer in existence and there is no third-party right of enforcement; or
(5) A person authorized by other law.
(b) Conservation easements granted before July 1, 2005, may be enforced by the holders or beneficiaries of the easement, or their bona fide representatives, heirs, or assigns.
(c) Conservation easements may be enforced by injunction, proceedings in equity, or actions at law.
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