Section 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.