ARTICLE 1
UNIFORM CONSERVATION EASEMENTS
44-10-2. Definitions.
As used in this article, the term:
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"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, archeological, or cultural aspects of real property.
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"Holder" means:
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A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
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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, archeological, or cultural aspects of real property.
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"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.
(Code 1981, §44-10-2, enacted by Ga. L. 1992, p. 2227, § 1.)
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1992, "archeological" was substituted for "archaeological" in paragraph (1) and in subparagraph (2)(B).
OPINIONS OF THE ATTORNEY GENERAL
Location of conservation easement.
- Where the purpose of a conservation easement is to preserve land or water areas predominantly in their natural, scenic, landscape, or open condition or in agricultural, farming, forest, or open space use, it is not essential that the land be located within a historic district. 1976 Op. Att'y Gen. No. 76-50.
RESEARCH REFERENCES
ALR.
- May paramount right of public to improve navigability of stream without compensating riparian owner for resulting damage extended to improvements for purposes not in aid of navigation, 18 A.L.R. 403.
