2018 Delaware Code
Title 7 - Conservation
CHAPTER 69. CONSERVATION EASEMENTS
§ 6901. Definitions.

As used in this chapter, 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, fish and wildlife habitat, rare species and natural communities 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 of the United States; and

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'' shall mean a right provided in a conservation easement to enforce any of its terms and which is granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder.

70 Del. Laws, c. 552, § 1.