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.
| EnactedEn. SectionSec. 19, ChapterCh. 503, Laws ofL. 1999 (SB 462 - Grosfield, Lorents (R) SD 13) |