§ 49-0303 — Definitions

§ 49-0303. Definitions.\n When used in this title:\n 1. "Conservation easement" means an easement, covenant, restriction or\nother interest in real property, created under and subject to the\nprovisions of this title which limits or restricts development,\nmanagement or use of such real property for the purpose of preserving or\nmaintaining the scenic, open, historic, archaeological, architectural,\nor natural condition, character, significance or amenities of the real\nproperty in a manner consistent with the public policy and purpose set\nforth in section 49-0301 of this title, provided that no such easement\nshall be acquired or held by the state which is subject to the\nprovisions of article fourteen of the constitution.\n 2. "Not-for-profit conservation organization" means a not-for-profit\ncorporation organized inter alia for the conservation or preservation of\nreal property and which has the power to acquire interests in real\nproperty. Such organization must have qualified as exempt for federal\ntax purposes pursuant to Section 501 (c)(3) of the internal revenue code\nor any similar successor statutory provision.\n 3. "Public body" means the state or a municipal corporation as that\nterm is defined in section two of the general municipal law or the\nUnited States of America acting by and through the department of the\ninterior. Such term shall further include the Palisades interstate park\ncommission; the Central Pine Barrens joint planning and policy\ncommission; and a soil and water conservation district as that term is\ndefined in section three of the soil and water conservation districts\nlaw.\n 4. "Third party enforcement right" means a right which may be granted\nin a conservation easement which empowers a public body or a\nnot-for-profit conservation organization which is not a holder of the\neasement to enforce any of the terms of the easement.\n