Official Code of Georgia Annotated
Title 44. PROPERTY · Chapter 10. HISTORIC PRESERVATION · Article 1. UNIFORM CONSERVATION EASEMENTS
44-10-2. Definitions.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
As used in this article, the term:
- (1)
“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; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property.#
- (2)
“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#
- (B)
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, archeological, or cultural aspects of real property.#
- (3)
“Third-party right of enforcement” means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.#
History
Code 1981, § 44-10-2, enacted by Ga. L. 1992, p. 2227, § 1.
Code Commission notes
Pursuant to Code Section 28-9-5, in 1992, “archeological” was substituted for “archaeological” in paragraph (1) and in subparagraph (2)(B).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 114 to 115; merge action: carried; file SHA-256 02e72213893a.