Section 49-0311. Severability


Latest version.
  • 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.