- The executive director has produced clear and convincing evidence of an overvaluation of the easement, confirmed in writing by the state attorney general prior to a specified date; or
- The valuation is supported solely by an appraisal from an appraiser convicted of fraud or misrepresentation in connection with preparing the appraisal.
The law currently allows a conservation easement to be terminated in the same manner as any other easement. The bill specifies that, in addition, a court may exercise its equitable jurisdiction to terminate a conservation easement for which a tax credit has been claimed in certain circumstances if the claim has been rejected.
(Note: This summary applies to this bill as introduced and does not reflect any amendments that were subsequently adopted.)