2006 Code of Virginia § 10.1-1009 - Definitions

10.1-1009. Definitions.

As used in this chapter, unless the context otherwise requires:

"Conservation easement" means a nonpossessory interest of a holder in realproperty, whether easement appurtenant or in gross, acquired through gift,purchase, devise, or bequest imposing limitations or affirmative obligations,the purposes of which include retaining or protecting natural or open-spacevalues of real property, assuring its availability for agricultural,forestal, recreational, or open-space use, protecting natural resources,maintaining or enhancing air or water quality, or preserving the historical,architectural or archaeological aspects of real property.

"Holder" means a charitable corporation, charitable association, orcharitable trust which has been declared exempt from taxation pursuant to 26U.S.C.A. 501 (c) (3) and the primary purposes or powers of which include:(i) retaining or protecting the natural or open-space values of realproperty; (ii) assuring the availability of real property for agricultural,forestal, recreational, or open-space use; (iii) protecting naturalresources; (iv) maintaining or enhancing air or water quality; or (v)preserving the historic, architectural or archaeological aspects of realproperty.

"Public body" means any entity defined in 10.1-1700.

"Third party right of enforcement" means a right provided in a conservationeasement 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.

(1988, cc. 720, 891.)