262.918 Legal action by grantor for termination of easement.

291 words·~1 min read·/ky/chapter-262/262-918

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A grantor may terminate an easement, in whole or in part, only by filing an

action in the Franklin Circuit Court, and demonstrating by clear and

convincing evidence that conditions on or surrounding the land subject to an

agricultural conservation easement have changed so much that agriculture is

no longer viable and it has become impossible to fulfill any of the easement's

conservation purposes. The grantor shall name the PACE Corporation as the

defendant in the action.

(b)In the event that a finding is made by the court that a portion of the land

subject to the agricultural conservation easement is no longer suitable for

agricultural purposes, the owner shall, at the owner's expense, provide a

survey of the land area on which the agricultural conservation easement is to

be terminated.

(a)No agricultural conservation easement or portion thereof which has been

purchased with Commonwealth funds shall be terminated by the court except

upon payment by the grantor to the PACE Corporation of its then fair value.

The value of the easement shall be established by one of the following two

methods, as determined by the court:

1. The owner shall pay the PACE Corporation an amount equal in current

dollars to the full cost of acquiring and monitoring the easement during

its full duration, plus reasonable interest as determined by court; or

2. The owner shall pay the PACE Corporation an amount equal to the

easement's current market value as determined by independent appraisal,

performed at the owner's expense and satisfactory to the

Commonwealth.

(b)The PACE Corporation shall place the proceeds from the termination of the

easement in the agricultural enhancement fund and use the proceeds consistent

with the purposes of KRS 262.900 to 262.920.