What is an environmental easement?
What is an environmental easement and why is it important?
• An environmental easement is a directive or order issued by a competent court of law after an application being made to it by a plaintiff and is made subject to provisions of EMCA Cap 387 and the Land Act, 2012.
• The object of an environmental easement is to further the principles of environmental management set out in EMCA Cap 387 by facilitating the conservation and enhancement of the environment, in areas referred to as the benefited environment, through the imposition of one or more obligations in respect of the use of land, in EMCA Cap 387 referred to as the burdened land, being the land in the vicinity of the benefited environment.
• An environmental easement may be imposed on and shall thereafter attach to the burdened land in perpetuity or for a term of years or for an equivalent interest under customary law as the court may determine.
Ref: EMCA Section 112.1, 112.2, 112.3
Question
• An environmental easement is a directive or order issued by a competent court of law after an application being made to it by a plaintiff and is made subject to provisions of EMCA Cap 387 and the Land Act, 2012.
• The object of an environmental easement is to further the principles of environmental management set out in EMCA Cap 387 by facilitating the conservation and enhancement of the environment, in areas referred to as the benefited environment, through the imposition of one or more obligations in respect of the use of land, in EMCA Cap 387 referred to as the burdened land, being the land in the vicinity of the benefited environment.
• An environmental easement may be imposed on and shall thereafter attach to the burdened land in perpetuity or for a term of years or for an equivalent interest under customary law as the court may determine.
Ref: EMCA Section 112.1, 112.2, 112.3
Question
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Identify and justify areas within your vicinity that could be considered for environmental easement.