Section 476 - DefinitionsAs 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).]
1985, c. 395, § 3 (NEW) . 2007, c. 412, § 1 (AMD) .