Maine Revised Statutes Title 33 Sec. 1552 – Preservation interests authorized; enforcement; release
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Terms Used In Maine Revised Statutes Title 33 Sec. 1552
- Contract: A legal written agreement that becomes binding when signed.
- Historic property: shall mean a structure, a plot of land which was the setting of an event or any combination of land and buildings, including the surrounding air space, which has a special historical, architectural or archaeological interest or value, and which is predominantly in its original, historical or natural conditions. See Maine Revised Statutes Title 33 Sec. 1551
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Preservation agreement: shall mean any deed, will or other instrument executed by or on behalf of the owner of historic property, or an order of taking, which includes within it the terms of a preservation interest. See Maine Revised Statutes Title 33 Sec. 1551
- Preservation interest: shall mean a right created by a preservation agreement which may be in the form of a restriction, easement, covenant or condition which is held by a qualified holder and which pertains to preserving or restoring historic property. See Maine Revised Statutes Title 33 Sec. 1551
- Qualified holder: shall mean a nonprofit preservation or historical organization whose purposes include preservation of historic property or a governmental body. See Maine Revised Statutes Title 33 Sec. 1551
A preservation interest is the right of a qualified holder to control the treatment of historic property so that its historical integrity is preserved. The preservation interest entitles representatives of a qualified holder to enter the property in a reasonable manner and at reasonable times to assure compliance. [PL 1979, c. 389 (NEW).]
The preservation interest may be enforced by injunction or other proceeding at law or in equity. No preservation interest may be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of being assignable or being assigned to any other qualified holder. [PL 1979, c. 389 (NEW).]
A preservation interest may be released in whole or in part by the qualified holder for such consideration, if any, as the holder may determine, in the same manner as the holder may dispose of any interests in property, subject to the conditions of the preservation agreement. [PL 1979, c. 389 (NEW).]
SECTION HISTORY
PL 1979, c. 389 (NEW).