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    A.R.S. § 33-273

    Court Actions Over Arizona Conservation Easements

    Verified June 8, 2026 • 57th Legislature, 2nd Regular Session

    This section lists who may bring a court action affecting a conservation easement, including the owner, the holder, and any third party with enforcement rights. Courts keep their power to modify or terminate an easement under principles of law and equity, while weighing the public interest the easement was created to serve.

    Title 33, ESTATES

    azleg.gov

    What This Statute Says

    Even permanent restrictions can end up in court. This section sets who has standing to bring an action over a conservation easement and preserves a court's authority to change or end one when fairness and the public interest require it.

    This article does not affect the power of a court to modify or terminate a conservation easement under the principles of law and equity. In determining whether to modify or terminate a conservation easement a court shall consider the public interest to be served.

    A.R.S. § 33-273

    When This Statute Comes Into Play

    Disputes reach this section when:

    • An owner believes a holder is enforcing the easement unreasonably, or a holder believes an owner is violating it.
    • Circumstances change so much that the family asks a court to modify or terminate the restriction.
    • A holder dissolves and a governmental body steps in to protect the conservation purpose.

    What This Means for Arizona Families

    A conservation easement is meant to last, but it is not completely frozen. If the land or the family situation changes in a way no one foresaw, this section keeps the courthouse door open. A judge can modify or even terminate the easement, but only after weighing the public interest the restriction was created to serve. That is a high bar, and it is meant to be.

    For families, the practical lesson is that everyone with a stake, including the owner, the holder, and any enforcing organization, has to be named in the lawsuit before a court will act. If you are dealing with a disagreement over restricted land you own or inherited, our FAQ on inherited Arizona property can help you frame the issue, and our glossary defines an encumbrance on title. An Arizona estate planning attorney can advise whether a modification action is realistic.

    A. An action affecting a conservation easement may be brought by: 1. An owner of an interest in the real property burdened by the easement. 2. A holder of the easement. 3. A governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement. 4. A person authorized by other law. 5. A governmental body if the holder is no longer in existence and there is no third party right of enforcement. B. This article does not affect the power of a court to modify or terminate a conservation easement under the principles of law and equity. In determining whether to modify or terminate a conservation easement a court shall consider the public interest to be served. C. In an action under this section, the owner of the real property burdened by the conservation easement, the holder of the conservation easement and any governmental body, charitable corporation or trustee of a charitable trust having a third party right of enforcement shall be named as parties.
    View on azleg.gov

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

    Related Questions

    I want to leave money to my church or favorite charity. How do I do that without shortchanging my family?

    You can donate to charity and still fully provide for your family by using retirement accounts, charitable bequests in your trust or will, and smart asset selection. The key is choosing the right assets for charity and the right assets for family.

    What should I do with property I inherited in Arizona?

    Inherited property in Arizona receives a stepped-up tax basis, which can eliminate capital gains tax if sold soon. You can sell, keep, or rent the property, but you need clear title first through a trust transfer, beneficiary deed, or probate.

    Can I set up a trust that gives me income now and donates the rest to charity when I die?

    Yes. A charitable remainder trust pays you income during your lifetime and donates the remaining assets to charity when you die. You also receive a current income tax deduction and avoid capital gains tax on contributed assets.

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