49-0303 - Definitions.

§ 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.  Such  term  shall  further  include the Palisades interstate park commission and the  Central Pine Barrens joint planning and policy commission.    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.