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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 10. HISTORIC PRESERVATION · Article 1. UNIFORM CONSERVATION EASEMENTS

44-10-2. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this article, the term:

  2. (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.#

  3. (2)

    “Holder” means:#

    1. (A)

      A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or#

    2. (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.#

  4. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.