§ 84C.01 — Definitions
Plain-Language Summary
This section defines the key terms used in Minnesota's Conservation Easement Act. A conservation easement is a legal agreement where a landowner gives up certain rights to their property to protect natural, scenic, agricultural, or historic values. The 'holder' of an easement must be either a government body or a qualified nonprofit charity with conservation or preservation purposes.
84C.01 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
(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, archaeological, or cultural aspects of real property.
(2) “Holder” means:
(i) a governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(ii) 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.
(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:
History: History:
1985 c 232 s 1