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This entry was published on 2014-09-22
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SECTION 71-3611
Severability
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 36
§ 71-3611. 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 an environmental 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.