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382.800 Definitions.
As used in KRS 382.810 to 382.860, unless the context otherwise requires:
(1) "Conservation easement" means a nonpossessory interest of a holder in real
property imposing limitations or affirmative obligations, the purposes of which
include retaining or protecting natural, scenic, 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, or
cultural aspects of real property.
(2) "Holder" means:
(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,
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.
(3) "Third-party right of enforcement" means 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.
Effective:July 15, 1988
History: Created 1988 Ky. Acts ch. 251, sec. 1, effective July 15, 1988.
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