TITLE 76. LAND RESOURCES AND USE

CHAPTER 7. ENVIRONMENTAL CONTROL EASEMENT ACT

Part 2. Environmental Control Easements

Who May Enforce Easement

76-7-212. Who may enforce easement. (1) The owner of any real property designated as a benefited property in the instrument creating the environmental control easement or the occupant of the benefited real property may maintain an action for enforcement of the easement.

(2) A public body or a qualified private organization holding an environmental control easement shall enforce the provisions of the easement.

(3) A person or entity specifically named as a beneficiary in the instrument creating the environmental control easement may enforce the provisions of the easement to the extent provided in the instrument.

History: En. Sec. 19, Ch. 503, L. 1999.