(1) To protect primary and secondary conservation areas from future development, conservation easements may be established as provided in the Utah Land Conservation Easement Act. In the event of a conflict between such Act and this Title, the provisions of the Act shall apply.

(2) A conservation easement is an interest in land and runs with the land encumbered by the easement and is valid whether it is appurtenant or in gross. A conservation easement shall be enforceable by the holder of the easement and its successors and assigns against the grantor and its successors, heirs and assigns.

(3) Any property owner may grant a conservation easement to a charitable organization which qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code or to a governmental entity by purchase, gift, devise, grant, lease or bequest in the same manner and with the same effect as any other conveyance of an interest in real property. A conservation easement shall be in writing and shall be recorded in the Office of the Utah County Recorder. The instrument that creates a conservation easement shall:

(4) Any qualified organization or entity that receives a conservation easement shall disclose to the easement’s grantor, at least three (3) days prior to the granting of the easement, the types of conservation easements available, the legal effect of each easement and that the grantor should contact an attorney concerning any possible legal and tax implications of granting a conservation easement.

(5) A conservation easement may be terminated, in whole or in part, by release, abandonment, merger, non-renewal, conditions set forth in the instrument creating the conservation easement, or in any other lawful manner in which easements may be terminated if approved by the Municipal Council after receiving a recommendation from the Planning Commission.

(6) A conservation easement may be enforced or protected by injunctive relief granted by a court in a proceeding initiated by the grantor or holder of the easement. In addition to injunctive relief, the holder of a conservation easement is entitled to recover monetary damages. The holder of a conservation easement may enter the real property subject to the easement at reasonable times and in a reasonable manner to ensure compliance.

(7) No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain.