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Alabama judicial consent9/15/2023 The Board named itself the holder of the purported easement on land that it owns, which the easement statute prohibits, rather than naming a third-party to hold the easement and ensure land protections are enforced. While the Board recorded a “conservation easement agreement” in 2017 that put some restrictions on the land, the groups contend that the agreement violates the 2001 settlement and the Alabama conservation easement statute. The Court agreed that the groups have stated valid claims, reversing a trial court ruling that the groups lacked authority to enforce the settlement. In the past, previous Boards sold a parcel of the land for a gas station and discussed marketing additional parcels for sale. The groups’ lawsuit maintains that the Board agreed to permanently protect 6,000 acres of land, paid for by ratepayers, with a conservation easement under the terms of a 2001 settlement agreement, yet the Board has failed to record a valid conservation easement. – The Alabama Supreme Court has ruled unanimously in favor of Cahaba Riverkeeper, Cahaba River Society, and the Southern Environmental Law Center in their efforts to permanently protect land held by the Birmingham Water Works Board that safeguards a major source of Birmingham’s drinking water.
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