Scenic Easement Law and Legal Definition

The term "Scenic easement" means the “right to control the use of land (including the air space above such land) within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area, but such control shall not affect, without the owner's consent, any regular use exercised prior to the acquisition of the easement. For any designated wild and scenic river, the appropriate Secretary shall treat the acquisition of fee title with the reservation of regular existing uses to the owner as a scenic easement for purposes of the Conservation Act.” 16 USCS § 1286. See also United States v. 637.84 Acres of Land, 524 F. Supp. 688, 691 (W.D. Mo. 1981).