(1)  No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain.

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Terms Used In Utah Code 57-18-7

  • conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
(2)  The existence of a conservation easement may not defeat or interfere with the otherwise proper exercise of eminent domain under 5.

Amended by Chapter 3, 2008 General Session

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