South Carolina Code 48-59-140. Conservation easements
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Terms Used In South Carolina Code 48-59-140
- Board: means the governing board of the bank. See South Carolina Code 48-59-30
- Conservation easement: means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991. See South Carolina Code 48-59-30
- Land: means real property, including highlands and wetlands of any description. See South Carolina Code 48-59-30
- Trust fund: means the South Carolina Conservation Bank Trust Fund established pursuant to § 48-59-60. See South Carolina Code 48-59-30
When trust funds are used to purchase a conservation easement on land, the conservation easement will be the controlling legal document regarding what is and what is not permitted upon the land, how the land will be preserved, and what rights are vested with the eligible trust fund recipient or its assigns which hold the conservation easement. If any inconsistencies or ambiguities arise between the provisions of this chapter and the terms and conditions of a conservation easement purchased with trust funds, the terms and conditions of the conservation easement must prevail. The board must exercise due diligence to assure the terms and conditions of conservation easements are consistent with the purposes of this chapter before disbursing trust funds for the purchase of such conservation easements.