Sec. 2. As used in this chapter, “conservation easement” means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of:

(1) retaining or protecting natural, scenic, or open space values of real property;

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Terms Used In Indiana Code 32-23-5-2

  • holder: means any of the following:

    Indiana Code 32-23-5-3

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) assuring availability of the real property for agricultural, forest, recreational, or open space use;

(3) protecting natural resources;

(4) maintaining or enhancing air or water quality; or

(5) preserving the historical, architectural, archeological, or cultural aspects of real property.

[Pre-2002 Recodification Citation: 32-5-2.6-1 part.]

As added by P.L.2-2002, SEC.8.