A development right, easement, covenant, restriction, or other right, or any interest less than the fee simple, to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes, any land or improvement on the land, whether the right or interest be appurtenant or in gross, may be held or acquired by any state agency, federal agency, county, city, town, federally recognized Indian tribe, or metropolitan municipal corporation, nonprofit historic preservation corporation, or nonprofit nature conservancy corporation. Any such right or interest constitutes and is classified as real property. All instruments for the conveyance thereof must be substantially in the form required by law for the conveyance of any land or other real property.

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Terms Used In Washington Code 64.04.130

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The definitions in this section apply throughout this section unless the context clearly requires otherwise.
(1) “Nonprofit historic preservation corporation” means an organization which qualifies as being tax exempt under 26 U.S.C. § 501(c)(3) of the United States Internal Revenue Code of 1954, as amended, and which has as one of its principal purposes the conducting or facilitating of historic preservation activities within the state, including conservation or preservation of historic sites, districts, buildings, and artifacts.
(2) “Nonprofit nature conservancy corporation” means an organization which qualifies as being tax exempt under 26 U.S.C. § 501(c)(3) (of the United States Internal Revenue Code of 1954, as amended) as it existed on June 25, 1976, and which has as one of its principal purposes the conducting or facilitating of scientific research; the conserving of natural resources, including but not limited to biological resources, for the general public; or the conserving of natural areas including but not limited to wildlife or plant habitat.

NOTES:

Reviser’s note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Acquisition of open space, land, or rights to future development by certain entities: RCW 84.34.200 through 84.34.250.
Property tax exemption for conservation futures on agricultural land: RCW 84.36.500.