2005 Idaho Code - 55-2101 — DEFINITIONS

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 21
                      UNIFORM CONSERVATION EASEMENT ACT
    55-2101.  DEFINITIONS. As used in this chapter:
    (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.