Colorado § 38-30.5-107 - Release - termination.
Full text of Colorado Colorado Revised Statutes § 38-30.5-107 — Release - termination., with citation guidance and answers to common questions.
§ 38-30.5-107. Release - termination.
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.
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.
ANNOTATION
Law reviews. For article, "Terminating and Amending Conservation Easements in Colorado", see 45 Colo. Law. 47 (Aug. 2016).
Frequently Asked Questions About Colorado § 38-30.5-107
What does Colorado Revised Statutes § 38-30.5-107 cover?
Section 38-30.5-107 ("Release - termination.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-30.5-107?
A common citation format is "Colorado Revised Statutes § 38-30.5-107" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-30.5-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.