Section 27-8-20 - DefinitionsAs used in this chapter, 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 one or more of the following:(a) retaining or protecting natural, scenic, or open-space aspects of real property;(b) ensuring the availability of real property for agricultural, forest, recreational, educational, or open-space use;(c) protecting natural resources;(d) maintaining or enhancing air or water quality;(e) 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, 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) "Real property" includes surface waters.(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.1991 Act No. 92, Section 1.