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Current through October 23, 2012
For the purposes of this chapter, 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, ensuring its availability for agricultural, forestal, 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 1 of the following:
(A) A governmental body empowered to hold an interest in real property under the laws of the District of Columbia 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, ensuring the availability of real property for agricultural, forestal, 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.
(May 16, 1986, D.C. Law 6-113, § 2, 33 DCR 1996.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2601.
Legislative History of Laws
Law 6-113, the "District of Columbia Uniform Conservation Easement Act of 1986," was introduced in Council and assigned Bill No. 6-55, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 25, 1986, and March 11, 1986, respectively. Signed by the Mayor on March 24, 1986, it was assigned Act No. 6-143 and transmitted to both Houses of Congress for its review.
Miscellaneous Notes
Community Development Block Grant Program: Pursuant to Resolution 6-768, the "Community Development Block Grant Program Resolution of 1986," effective July 8, 1986, the Council authorized the Mayor to revise the proposed final statement to include the homestead housing preservation program as an activity to permit the use of CDBG funds for initial program staff, approved the revised final statement, and authorized the Mayor to submit the revised final statement to HUD.
Uniform Law
This section is based upon § 1 of the Uniform Conservation Easement Act. See 12 Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
