1-19B-56. Conservation easements--Definitions.
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/sd/title-1/chapter-1-19/1-19b-56·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Terms used in §§ 1-19B-56 to 1-19B-60 , inclusive, mean:
(1)"Conservation easement," a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural 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, paleontological or cultural aspects of real property;
(2)"Holder":
(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 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, paleontological, or cultural aspects of real property;
(3)"Third - party right of enforcement," 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.