What This Statute Says
Even permanent restrictions can end up in court. This section sets who has standing to bring an action over a conservation easement and preserves a court's authority to change or end one when fairness and the public interest require it.
This article does not affect the power of a court to modify or terminate a conservation easement under the principles of law and equity. In determining whether to modify or terminate a conservation easement a court shall consider the public interest to be served.
A.R.S. § 33-273When This Statute Comes Into Play
Disputes reach this section when:
- An owner believes a holder is enforcing the easement unreasonably, or a holder believes an owner is violating it.
- Circumstances change so much that the family asks a court to modify or terminate the restriction.
- A holder dissolves and a governmental body steps in to protect the conservation purpose.
What This Means for Arizona Families
A conservation easement is meant to last, but it is not completely frozen. If the land or the family situation changes in a way no one foresaw, this section keeps the courthouse door open. A judge can modify or even terminate the easement, but only after weighing the public interest the restriction was created to serve. That is a high bar, and it is meant to be.
For families, the practical lesson is that everyone with a stake, including the owner, the holder, and any enforcing organization, has to be named in the lawsuit before a court will act. If you are dealing with a disagreement over restricted land you own or inherited, our FAQ on inherited Arizona property can help you frame the issue, and our glossary defines an encumbrance on title. An Arizona estate planning attorney can advise whether a modification action is realistic.