§ 60-49.8. Additional Construction.  


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  • ADDITIONAL CONSTRUCTION

    Unless the grantor of a conservation easement elects otherwise at the time of and in the same manner as the grant of the easement:

    1.  Nothing in this act shall be construed to impair the rights of a party with respect to the acquisition of rights-of-way, easements, or other property rights, whether through voluntary conveyance or eminent domain, upon or under which facilities, plant, system, or other improvements including, but not limited to, a pipeline for transmission, gathering, or transportation of hydrocarbons are to be constructed; and

    2.  The holder of a conservation easement must subordinate, without construction restrictions or other obligations, the conservation easement upon the request of any party owning any of the above rights-of-way, easements, or other property rights whether acquired prior or subsequent to the conservation easement.

Added by Laws 1999, c. 384, § 8, eff. Nov. 1, 1999.