Conservation easement not obtained through eminent domain -- Conservation easement may not interfere with eminent domain.

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  • (1) No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain.
  • (2) The existence of a conservation easement may not defeat or interfere with the otherwise proper exercise of eminent domain under Title 78B, Chapter 6, Part 5, Eminent Domain.




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