As used in this chapter, unless the context otherwise requires:

1. (1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include one or more of the following:

   1. (a) retaining or protecting natural, scenic, or open-space aspects of real property;
   2. (b) ensuring the availability of real property for agricultural, forest, recreational, educational, or open-space use;
   3. (c) protecting natural resources;
   4. (d) maintaining or enhancing air or water quality;
   5. (e) preserving the historical, architectural, archaeological, or cultural aspects of real property.

2. (2) "Holder" means:

   1. (a) a governmental body empowered to hold an interest in real property under the laws of this State or the United States; or
   2. (b) a charitable, not-for-profit or educational corporation, association, or trust the purposes or powers of which include one or more of the purposes listed in subsection (1).
3. (3) "Real property" includes surface waters.
4. (4) "Third-party right of enforcement" means a right provided by the grantor of the conservation easement to enforce selected terms of the conservation easement which is granted to a governmental body, a charitable, not-for-profit, or educational corporation, association, or trust, which though not the holder of the easement, is eligible to be the holder of such easement.

HISTORY: 1991 Act No. 92, Section 1.