(a)

1. (1) Each recipient of a County Courthouse Restoration Grant must convey a deed of conservation easement to the Arkansas Historic Preservation Program prior to the receipt of any grant funds.
2. (2) An easement is a voluntary transfer of some of the rights inherent in property ownership.
3. (3) The historic preservation easement is a right or limitation, set forth in a legal instrument or deed, that allows the donor to retain ownership and possession of a historic landmark while granting a government agency or qualified nonprofit organization the authority to protect the historic, cultural, architectural, or archeological characteristics of the property.

(b)

1. (1) The agreement may be called a "preservation", "conservation", "scenic", “interior", "open space", "exterior", or "facade" easement.
2. (2) The name has less to do with the way the agreement works than with the kind of resource it protects.

(c)

1. (1) In each instance, the easement, as it is legally termed, must contain binding and enforceable covenants that run with the land and structure.
2. (2) These covenants obligate the owner to refrain from actions that are incompatible with the preservation of and/or the historic integrity of the property.