Section 71-3611. 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 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.