Kentucky Revised Statutes

Ky. Rev. Stat. § 382.800 (2026)

Definitions

✓ current as of May 2026
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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. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 1, effective July 15, 1988.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2022–2024 · leading case: Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Bd. v. East Kentucky Power Coop., Inc. (Ky. Ct. App. 2022).
Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Bd. v. East Kentucky Power Coop., Inc. (Ky. Ct. App. 2022). · cites it 2× “) A conservation easement is defined in KRS 382.800(1) as follows: -17- “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…”
Isaac W. Bernheim Found. v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2024). “The regulation explicitly states “[t]he conservation easement shall meet the requirements of KRS 382.800 through 382.860 and ensure that lands acquired shall be maintained in perpetuity for the purposes established in KRS 146.”
Isaac W. Bernheim Found. v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2024). “The regulation explicitly states “[t]he conservation easement shall meet the requirements of KRS 382.800 through 382.860 and ensure that lands acquired shall be maintained in perpetuity for the purposes established in KRS 146.”
— Ky. Rev. Stat. § 382.800(1) — 1 case
Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Bd. v. East Kentucky Power Coop., Inc. (Ky. Ct. App. 2022). “) A conservation easement is defined in KRS 382.800(1) as follows: -17- “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…”
— Ky. Rev. Stat. § 382.800(2)(a) — 1 case
Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Bd. v. East Kentucky Power Coop., Inc. (Ky. Ct. App. 2022). “) A conservation easement is defined in KRS 382.800(1) as follows: -17- “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…”
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