Legislation
SECTION 49-0311
Severability
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 49, TITLE 3
§ 49-0311. Severability.
The provisions of this title shall be severable, and if any clause,
sentence, paragraph, subdivision or part of this title shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph,
subdivision or part thereof directly involved in the controversy in
which such judgment shall have been rendered; provided that if a
conservation easement created pursuant to this title is determined by
any court of competent jurisdiction to be land or water or an interest
in land or water subject to the provisions of article fourteen of the
constitution then the authority of the state to hold or acquire such
easement and the conveyance to the state of such easement shall be void
ab initio.
The provisions of this title shall be severable, and if any clause,
sentence, paragraph, subdivision or part of this title shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph,
subdivision or part thereof directly involved in the controversy in
which such judgment shall have been rendered; provided that if a
conservation easement created pursuant to this title is determined by
any court of competent jurisdiction to be land or water or an interest
in land or water subject to the provisions of article fourteen of the
constitution then the authority of the state to hold or acquire such
easement and the conveyance to the state of such easement shall be void
ab initio.