33 §476. Definitions
Title 33: PROPERTY
Chapter 7: CONVEYANCE OF REAL ESTATE
Subchapter 8-A: CONSERVATION EASEMENTS
§476. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 395, §3 (NEW).]
1. Conservation easement. "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; or maintaining or enhancing air or water quality of real property.
[ 1985, c. 395, §3 (NEW) .]
2. Holder. "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 [1985, c. 395, §3 (NEW).]
B. A nonprofit corporation 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; or maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. [1985, c. 395, §3 (NEW).]
[ 1985, c. 395, §3 (NEW) .]
3. Real property. "Real property" includes without limitation surface waters.
[ 2007, c. 412, §1 (AMD) .]
4. Third-party right of enforcement. "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, nonprofit corporation or charitable trust, which, although eligible to be a holder, is not a holder.
[ 1985, c. 395, §3 (NEW) .]
SECTION HISTORY
1985, c. 395, §3 (NEW). 2007, c. 412, §1 (AMD).