Changes to Existing Law
HB1107 — Modify restrictions on lands for certain public purposes.
1 section modified+661-33
View:
§ 43-25-18.3
Amended+661-33
Section 43-25-18.3 — AMENDED
43-25-18.3. If, upon the hearing, hearing in an action pursuant to § 43-25-18.1, it appears to the satisfaction of the court that the allegations in the action are true and that that, because of changed conditions or circumstances since the execution of such conveyance an instrument of conveyance, it is impossible or impractical to continue to hold or use the lands for the purposes limited in such conveyance and that the religious, educational, charitable, benevolent, or public object of the grantor, as set forth in such conveyance, may be defeated thereby, a decree may be entered authorizing purpose set forth in the instrument, the court may: (1) Enter a decree modifying, in whole or in part, any direction, limitation, or restriction established by the grantor of the instrument, so that the real property may be administered, managed, or pledged in any manner the court determines necessary to effectively accomplish, as near as possible under existing conditions, the general benevolent, charitable, educational, religious, or other public purpose set forth in the instrument; or (2) Authorize the grantee to sell such the lands for the highest price obtainable, and directing direct that the proceeds of the sale of such the lands shall be reinvested in other lands suitable for the use or a manner consistent with the purpose set forth in the original conveyance, subject to any reversionary interest or other interest in the original conveyance. conveyance instrument. 22