Colorado § 38-30.5-108 - Enforcement - remedies.
Full text of Colorado Colorado Revised Statutes § 38-30.5-108 — Enforcement - remedies., with citation guidance and answers to common questions.
§ 38-30.5-108. Enforcement - remedies.
(1) No conservation easement in gross shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed as running with the land.
(2) Actual or threatened injury to or impairment of a conservation easement in gross or the interest intended for protection by such easement may be prohibited or restrained by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by an owner of the easement.
(3) In addition to the remedy of injunctive relief, the holder of a conservation easement in gross shall be entitled to recover money damages for injury thereto or to the interest to be protected thereby. In assessing such damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, and environmental values.
Source: L. 76: Entire article added, p. 752, § 1, effective July 1.
ANNOTATION
Law reviews. For article, "Terminating and Amending Conservation Easements in Colorado", see 45 Colo. Law. 47 (Aug. 2016).
Adjacent property owners and other interested residents had no standing to enforce a conservation easement's terms because they were not a party to the agreement creating the easement or a third-party beneficiary of the agreement. Keep Airport Road Envtl. & Safe v. BOCC Boulder, 2026 COA 5, 587 P.3d 193.
Nor were they able to demonstrate that they had a legally protected interest arising out of common law. Keep Airport Road Envtl. & Safe v. BOCC Boulder, 2026 COA 5, 587 P.3d 193.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-30.5-108
What does Colorado Revised Statutes § 38-30.5-108 cover?
Section 38-30.5-108 ("Enforcement - remedies.") 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 § 38-30.5-108?
A common citation format is "Colorado Revised Statutes § 38-30.5-108" (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 § 38-30.5-108 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.