Title 44, Chapter 10, Section 2
( 44-10-2)
As used in this article, the term: (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, archeological, 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,
archeological, 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. |