Virginia Code 10.1-1013: Standing
Current as of: 2024 | Check for updates
|
Other versions
An action affecting a conservation easement may be brought by:
Terms Used In Virginia Code 10.1-1013
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Conservation easement: means a nonpossessory interest of a holder in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property. See Virginia Code 10.1-1009
- Holder: means a charitable corporation, charitable association, or charitable trust which has been declared exempt from taxation pursuant to Virginia Code 10.1-1009
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. An owner of an interest in real property burdened by the easement;
2. A holder of the easement;
3. A person having an express third-party right of enforcement;
4. The Attorney General of the Commonwealth;
5. The Virginia Outdoors Foundation;
6. The Virginia Historic Landmarks Board;
7. The local government in which the real property is located; or
8. Any other governmental agency or person with standing under other statutes or common law.
1988, cc. 720, 891.