2017 Mississippi Code
Title 89 - Real and Personal Property
Chapter 19 - Mississippi Conservation Easements
§ 89-19-3. Definitions

Universal Citation: MS Code § 89-19-3 (2017)
  • For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context otherwise requires:
    • (1) "Conservation easement" shall mean a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, historical or open-space values of real property, assuring its availability for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air and water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property.
    • (2) "Holder" shall mean either:
      • (a) A governmental body empowered by the law of this state or the United States to hold an interest in real property; or
      • (b) A private, nonprofit, charitable or educational corporation, association or trust, the purposes or powers of which include retaining or protecting the natural, scenic, historical or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, educational or open-space use, protecting natural features and resources, maintaining or enhancing air or water quality or preserving the natural, historical, architectural, archaeological or cultural aspects of real property which is the recipient or grantee of a conservation easement.
    • (3) "Third-party right of enforcement" shall mean a right granted in a conservation easement to a governmental body or private, nonprofit charitable corporation, association or trust, which is not a holder but which is eligible to be a holder, to enforce any of the terms of the conservation easement.
    • (4) "Person" shall mean any natural person or legal entity.
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