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    A.R.S. § 33-275

    How Other Arizona Laws Apply to Conservation Easements

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

    A conservation easement has the same standing as any other recorded interest in real property and is subject to Arizona's recording and adverse possession laws. If the land is taken by eminent domain, the easement itself is not treated as a separate interest entitled to extra compensation.

    Title 33, ESTATES

    azleg.gov

    What This Statute Says

    A conservation easement does not exist in a vacuum. This section slots it into the rest of Arizona property law, confirming which general rules apply and carving out one important exception for eminent domain.

    Is subject to the acquisition of real property interests under the laws of this state governing eminent domain, except that the existence of a conservation easement shall not be considered an additional interest in real property for which compensation or damages may be awarded under the laws pertaining to eminent domain.

    A.R.S. § 33-275

    When This Statute Comes Into Play

    This section matters when:

    • A government agency condemns part of the protected land for a road or utility.
    • A neighbor's long-term use raises an adverse possession question on the burdened property.
    • Priority between the easement and other recorded interests has to be sorted out.

    What This Means for Arizona Families

    Most of the time a conservation easement behaves like any other recorded interest in your land, which makes planning predictable. It follows the normal recording rules and can be affected by adverse possession just like other property rights. The one twist worth knowing is the eminent domain rule.

    If the government condemns the land, the easement is not counted as an extra interest that draws its own compensation. Families who placed an easement on property partly for its value should understand that limit before a condemnation ever arises. Our FAQ on inherited Arizona property explains broader diligence steps, and our glossary defines real property. An Arizona estate planning attorney can map how an easement fits with the rest of your land holdings.

    A conservation easement created under this article: 1. Has the same rights as any other recorded interest in real property. 2. Is subject to all laws of this state pertaining to recording of interests in real property and laws relating to adverse possession. 3. Is subject to the acquisition of real property interests under the laws of this state governing eminent domain, except that the existence of a conservation easement shall not be considered an additional interest in real property for which compensation or damages may be awarded under the laws pertaining to eminent domain.

    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.

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