In this chapter:
(1) “Conservation easement” means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations designed to:
(A) retain or protect natural, scenic, or open-space values of real property or assure its availability for agricultural, forest, recreational, or open-space use;
(B) protect natural resources;
(C) maintain or enhance air or water quality; or
(D) preserve the historical, architectural, archeological, or cultural aspects of real property.
(2) “Holder” means:
(A) a governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(B) a charitable corporation, charitable association, or charitable trust created or empowered to:
(i) retain or protect the natural, scenic, or open-space values of real property;
(ii) assure the availability of real property for agricultural, forest, recreational, or open-space use;
(iii) protect natural resources;
(iv) maintain or enhance air or water quality; or
(v) preserve the historical, architectural, archeological, 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 that is eligible to be a holder but is not a holder.
(4) “Servient estate” means the real property burdened by the conservation easement.