What This Statute Says
A conservation easement does not exist in a vacuum. This section slots it into the rest of Arizona property law, confirming which general rules apply and carving out one important exception for eminent domain.
Is subject to the acquisition of real property interests under the laws of this state governing eminent domain, except that the existence of a conservation easement shall not be considered an additional interest in real property for which compensation or damages may be awarded under the laws pertaining to eminent domain.
A.R.S. § 33-275When This Statute Comes Into Play
This section matters when:
- A government agency condemns part of the protected land for a road or utility.
- A neighbor's long-term use raises an adverse possession question on the burdened property.
- Priority between the easement and other recorded interests has to be sorted out.
What This Means for Arizona Families
Most of the time a conservation easement behaves like any other recorded interest in your land, which makes planning predictable. It follows the normal recording rules and can be affected by adverse possession just like other property rights. The one twist worth knowing is the eminent domain rule.
If the government condemns the land, the easement is not counted as an extra interest that draws its own compensation. Families who placed an easement on property partly for its value should understand that limit before a condemnation ever arises. Our FAQ on inherited Arizona property explains broader diligence steps, and our glossary defines real property. An Arizona estate planning attorney can map how an easement fits with the rest of your land holdings.