Arizona Laws 33-271. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 33-271
- Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property. See Arizona Laws 33-271
- Conservation purposes: means any of the following activities which yield a significant public benefit:
(a) Preserving land areas for outdoor recreation by, or the education of, the general public. See Arizona Laws 33-271
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Holder: means either:
(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States. See Arizona Laws 33-271
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property.
2. "Conservation purposes" means any of the following activities which yield a significant public benefit:
(a) Preserving land areas for outdoor recreation by, or the education of, the general public.
(b) Protecting a relatively natural habitat of fish, wildlife or plants or similar ecosystem.
(c) Preserving open space, including farmland and forest land, if the preservation is either:
(i) For the scenic enjoyment of the general public.
(ii) Pursuant to a clearly delineated federal, state or local governmental conservation policy.
3. "Holder" means either:
(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States.
(b) A charitable corporation or trustee of a 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.
4. "Third party right of enforcement" means a right granted in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation or charitable trust, which, although eligible to be a holder, is not a holder.