---
title: O.C.G.A. § 44-10-42. Definitions.
collection: code
id: 44-10-42
cite_as: O.C.G.A. § 44-10-42 (2025)
canonical_url: https://georgiacommons.org/code/44-10-42
md_url: https://georgiacommons.org/code/44-10-42.md
text_url: https://georgiacommons.org/code/44-10-42/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-17-(v32)-pdf.pdf?sfvrsn=a600a9b5_0#page=10
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / HISTORIC PRESERVATION / FARMLAND CONSERVATION
---

# O.C.G.A. § 44-10-42. Definitions.

As used in this article, the term:

(1) “Agricultural conservation easement” means a conservation easement that, in accordance with the provisions of Article 1 of Chapter 10 of Title 44, the “Georgia Uniform Conservation Easement Act,” imposes limitations or affirmative obligations, the purpose of which include assuring the availability of real property for agricultural uses or the retention or protection of natural, scenic, or open-space values of real property.

(2) “Commissioner” means the Commissioner of Agriculture.

(3) “Conservation easement” shall have the same meaning as set forth in Code Section 44-10-2.

(4) “Costs of acquisition” means all direct costs of activities, including, but not limited to, appraisals that are required by applicable state laws and local ordinances or policies in order to convey an agricultural conservation easement in qualified farmland to a qualified holder; provided, however, that such costs shall not include any costs for services provided in violation of Chapter 40 of Title 43.

(5) “Council” means Georgia Farmland Advisory Council.

(6) “Department” means the Department of Agriculture.

(7) “Fund” means the Georgia Farmland Conservation Fund.

(8) “Program” means the Georgia Farmland Conservation Fund Program.

(9) “Project proposal” means any application seeking moneys from the Georgia Farmland Conservation Fund.

(10) “Qualified easement holder” means a state agency, federal agency, county, municipality, or a 501(c)(3) nonprofit organization which acquires or proposes to acquire, whether through purchase, donation or transfer, an agricultural conservation easement.

(11) “Qualified farmland” means agricultural land in undeveloped areas or that has been developed only to the extent consistent with agricultural production, including row crops, livestock, nurseries, orchards, or pastures.

## History

Code 1981, § 44-10-42, enacted by Ga. L. 2023, p. 38, § 1/SB 220, effective July 1, 2023.