US Laws, Codes, Statutes & Cases

In this article, unless the context otherwise requires:

1. "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property.

2. "Conservation purposes" means any of the following activities which yield a significant public benefit:

(a) Preserving land areas for outdoor recreation by, or the education of, the general public.

(b) Protecting a relatively natural habitat of fish, wildlife or plants or similar ecosystem.

(c) Preserving open space, including farmland and forest land, if the preservation is either:

(i) For the scenic enjoyment of the general public.

(ii) Pursuant to a clearly delineated federal, state or local governmental conservation policy.

3. "Holder" means either:

(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States.

(b) A charitable corporation or trustee of a charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic 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 or cultural aspects of real property.

4. "Third party right of enforcement" means a right granted in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation or charitable trust, which, although eligible to be a holder, is not a holder.