As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 395, §3 (NEW).]
1. Conservation easement. “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; or maintaining or enhancing air or water quality of real property.

[PL 1985, c. 395, §3 (NEW).]

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Terms Used In Maine Revised Statutes Title 33 Sec. 476

  • 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; or maintaining or enhancing air or water quality of real property. See Maine Revised Statutes Title 33 Sec. 476
  • 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 :
A. See Maine Revised Statutes Title 33 Sec. 476
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes without limitation surface waters. See Maine Revised Statutes Title 33 Sec. 476
  • Third-party right of enforcement: means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, nonprofit corporation or charitable trust, which, although eligible to be a holder, is not a holder. See Maine Revised Statutes Title 33 Sec. 476
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • 2. Holder. “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 [PL 1985, c. 395, §3 (NEW).]
    B. A nonprofit corporation 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; or maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. [PL 1985, c. 395, §3 (NEW).]

    [PL 1985, c. 395, §3 (NEW).]

    3. Real property. “Real property” includes without limitation surface waters.

    [PL 2007, c. 412, §1 (AMD).]

    4. Third-party right of enforcement. “Third-party right of enforcement” means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, nonprofit corporation or charitable trust, which, although eligible to be a holder, is not a holder.

    [PL 1985, c. 395, §3 (NEW).]

    SECTION HISTORY

    PL 1985, c. 395, §3 (NEW). PL 2007, c. 412, §1 (AMD).