[§198-5]  Enforcement of easement.  (a) All conservation easements, whether held by public bodies or qualifying privateorganizations, shall be considered to run with the land, whether or not suchfact is stipulated in the instrument of conveyance or ownership, and noconservation easement shall be unenforceable on account of the lack of privityof estate or contract, or on account of such conservation easement not being anappurtenant easement, or because such easement is a general easement.

(b)  Actual or threatened injury to orimpairment of a conservation easement, or actual or threatened violation of itsterms, may be prohibited or restrained, or the interest intended for protectionby such easement may be enforced, by injunctive relief granted by any court ofcompetent jurisdiction in a proceeding initiated by the grantor or by theholder of the easement.

(c)  In addition to the remedy of injunctiverelief, the holder of a conservation easement shall be entitled to recovermoney damages for any injury to such easement or to the interest beingprotected thereby or for the violation of the terms of such easement.  Inassessing such damages there may be taken into account, in addition to the costof restoration, the loss of scenic, aesthetic, or environmental value to thereal property subject to the easement, and other damages.

(d)  The court may award to the prevailingparty in any action authorized by this section the costs of litigation,including reasonable attorney's fees. [L 1985, c 149, pt of §1]