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This entry was published on 2014-09-22
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SECTION 49-0303
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 49, TITLE 3
§ 49-0303. Definitions.

When used in this title:

1. "Conservation easement" means an easement, covenant, restriction or
other interest in real property, created under and subject to the
provisions of this title which limits or restricts development,
management or use of such real property for the purpose of preserving or
maintaining the scenic, open, historic, archaeological, architectural,
or natural condition, character, significance or amenities of the real
property in a manner consistent with the public policy and purpose set
forth in section 49-0301 of this title, provided that no such easement
shall be acquired or held by the state which is subject to the
provisions of article fourteen of the constitution.

2. "Not-for-profit conservation organization" means a not-for-profit
corporation organized inter alia for the conservation or preservation of
real property and which has the power to acquire interests in real
property. Such organization must have qualified as exempt for federal
tax purposes pursuant to Section 501 (c)(3) of the internal revenue code
or any similar successor statutory provision.

3. "Public body" means the state or a municipal corporation as that
term is defined in section two of the general municipal law or the
United States of America acting by and through the department of the
interior. Such term shall further include the Palisades interstate park
commission; the Central Pine Barrens joint planning and policy
commission; and a soil and water conservation district as that term is
defined in section three of the soil and water conservation districts

4. "Third party enforcement right" means a right which may be granted
in a conservation easement which empowers a public body or a
not-for-profit conservation organization which is not a holder of the
easement to enforce any of the terms of the easement.