§ 1-19B-56 — Conservation easements--Definitions.

Terms used in §§ to 1-19B-60 , inclusive, mean: (1) "Conservation easement," a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural or open - space values of real property, assuring its availability for agricultural, forest, recreational, or open - space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological or cultural aspects of real property; (2) "Holder": (a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or (b) A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural or open - space values of real property, assuring the availability of real property for agricultural, forest, recreational or open - space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological, or cultural aspects of real property; (3) "Third - party right of enforcement," a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.

Legislative History

SL 1984, ch 280, § 1.