Colorado § 38-30.5-107 Release - termination

Colorado Statutes

§ 38-30.5-107 — Release - termination

Colorado § 38-30.5-107

Title 38Property -

Art.Conservation Easements

This text of Colorado § 38-30.5-107 (Release - termination) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-30.5-107 (2026).

Text

If it is determined that conditions on or
surrounding a property encumbered by a conservation easement in gross change so
that it becomes impossible to fulfill its conservation purposes that are defined in
the deed of conservation easement, a court with jurisdiction may, at the joint
request of both the owner of property encumbered by a conservation easement and
the holder of the easement, terminate, release, extinguish, or abandon the
conservation easement. If condemnation by a public authority of a part of a
property or of the entire property encumbered by a conservation easement in gross
renders it impossible to fulfill any of the conservation purposes outlined in the deed
of conservation easement, the conservation easement may be terminated, released,
subordinated, extinguish

Free access — add to your briefcase to read the full text and ask questions with AI

If it is determined that conditions on or
surrounding a property encumbered by a conservation easement in gross change so
that it becomes impossible to fulfill its conservation purposes that are defined in
the deed of conservation easement, a court with jurisdiction may, at the joint
request of both the owner of property encumbered by a conservation easement and
the holder of the easement, terminate, release, extinguish, or abandon the
conservation easement. If condemnation by a public authority of a part of a
property or of the entire property encumbered by a conservation easement in gross
renders it impossible to fulfill any of the conservation purposes outlined in the deed
of conservation easement, the conservation easement may be terminated, released,
subordinated, extinguished, or abandoned in whole or in part through condemnation
proceedings. A conservation easement in gross for which a Colorado state income
tax credit has been allowed may not in whole or in part be released, terminated,
extinguished, or abandoned by merger with the underlying fee interest in the
servient land or water rights. Any release, termination, or extinguishment of a
conservation easement under this section must be recorded in the records of the
office of the clerk and recorder in the county where the conservation easement is
located.

Legislative History

Source: L. 76: Entire article added, p. 751, � 1, effective July 1. L. 2003: Entire section amended, p. 991, � 5, effective August 6. L. 2019: Entire section amended, (HB 19-1264), ch. 420, p. 3678, � 7, effective June 30. L. 2022: Entire section amended, (SB 22-208), ch. 420, p. 2961, � 1, effective June 7.