As used in this part, unless the context otherwise requires:

(1)

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Terms Used In Tennessee Code 66-9-303

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • conservation easement: means an easement in land or structures which:
    (i) Is held for the benefit of the people of this state. See Tennessee Code 66-9-303
  • 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.
  • Exempt organization: includes any organization which has received a determination of exemption from the Internal Revenue Service under §. See Tennessee Code 66-9-303
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Holder: means a public body empowered to hold an interest in real property under the laws of the state or the United States. See Tennessee Code 66-9-303
  • National Register: means that listing of the state's historic, archaeological, architectural, cultural, and environmental resources as nominated by the state's liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966 (P. See Tennessee Code 66-9-303
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Public body: means the United States, states, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, park or recreation authorities, and any other state, federal or local governmental entity. See Tennessee Code 66-9-303
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Tennessee Register: means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2. See Tennessee Code 66-9-303
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(A) For purposes of easements granted before July 1, 2005, “conservation easement” means an easement in land or structures which:

(i) Is held for the benefit of the people of this state;
(ii) Is specifically enforceable by its holder or beneficiary;
(iii) Limits or obligates the holder of the servient estate, the holder’s heirs, and assigns with respect to the use and management of the servient land, structures or features thereon, and/or activities conducted thereon, which limitations and obligations are intended to preserve, maintain or enhance the present condition, use or natural beauty of the land, geological, biological, historic, architectural, archaeological, cultural or scenic resources of this state; and
(iv) Is recorded in the register’s office of the county in which the easement is located;
(B) For purposes of easements granted on or after July 1, 2005, “conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations on the owner of the servient estate, the owner’s heirs, and assigns with respect to the use and management of the servient land, structures or features thereon, and/or activities conducted thereon, which limitations and affirmative obligations are intended to preserve, maintain or enhance the present condition, use or natural beauty of the land, the open-space value, the air or water quality, the agricultural, forest, recreational, geological, biological, historic, architectural, archaeological, cultural or scenic resources of the servient estate and is recorded in the register’s office of the county in which the easement is located;
(C) “Conservation easement” also means an easement of view over the facade, or restrictions on the use of a structure included in the National Register or Tennessee Register whereby the external appearance of the structure is preserved by the sale, donation, or other surrender by the owner of the easement to a public body or exempt organization either:

(i) In fee simple;
(ii) For the owner’s life or the life of another; or
(iii) For a term of years; and
(iv) Is recorded in the register’s office of the county in which the easement is located;
(2) “Exempt organization” includes any organization which has received a determination of exemption from the Internal Revenue Service under § 501(c)(3) and § 509(a)(1) or (a)(2) of the Internal Revenue Code (26 U.S.C. §§ 501, 509);
(3) For purposes of conservation easements granted on or after July 1, 2005:

(A) “Holder” means a public body empowered to hold an interest in real property under the laws of the state or the United States; or
(B) “Holder” means 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;
(4) “National Register of Historic Places,” or “National Register,” means that listing of the state’s historic, archaeological, architectural, cultural, and environmental resources as nominated by the state’s liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966 (P.L. 89-665) (16 U.S.C. § 470 et seq.). Such listing is published in the federal register on a regular basis;
(5) “Public body” means the United States, states, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, park or recreation authorities, and any other state, federal or local governmental entity;
(6) “Tennessee Register of Historic Places,” or “Tennessee Register,” means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2; and
(7) “Third-party right of enforcement” means a right expressly provided in a conservation easement to enforce any of its terms granted to a public body, charitable corporation, charitable association, or charitable trust that, although eligible to be a holder, is not a holder.
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