382.800 Definitions.

209 words·~1 min read·/ky/chapter-382/382-800

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in KRS 382.810 to 382.860, unless the context otherwise requires:

(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, archaeological, 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, archaeological, 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.