This section defines several conservation-easement terms, including what counts as a conservation easement, who can be a holder, and what a third-party right of enforcement means.
As used in this part, unless the context otherwise requires: For purposes of easements granted before July 1, 2005, “conservation easement” means an easement in land or structures which: Is held for the benefit of the people of Tennessee; Is specifically enforceable by its holder or beneficiary; Limits or obligates the holder of the servient estate, the holder's heirs, and assigns with respect to the use and management of the servient land, structures or features thereon, and/or activities conducted thereon, which limitations and obligations are intended to preserve, maintain or enhance the present condition, use or natural beauty of the land, geological, biological, historic, architectural, archaeological, cultural or scenic resources of the state of Tennessee; and Is recorded in the register's office of the county in which the easement is located; For purposes of easements granted on or after July 1, 2005, “conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations on the owner of the servient estate, the owner's heirs, and assigns with respect to the use and management of the servient land, structures or features thereon, and/or activities conducted thereon, which limitations and affirmative obligations are intended to preserve, maintain or enhance the present condition, use or natural beauty of the land, the open-space value, the air or water quality, the agricultural, forest, recreational, geological, biological, historic, architectural, archaeological, cultural or scenic resources of the servient estate and is recorded in the register's office of the county in which the easement is located; “Conservation easement” also means an easement of view over the facade, or restrictions on the use of a structure included in the National Register or Tennessee Register whereby the external appearance of the structure is preserved by the sale, donation, or other surrender by the owner of the easement to a public body or exempt organization either: In fee simple; For the owner's life or the life of another; or For a term of years; and Is recorded in the register's office of the county in which the easement is located; “Exempt organization” includes any organization which has received a determination of exemption from the Internal Revenue Service under § 501(c)(3) and § 509(a)(1) or (a)(2) of the Internal Revenue Code (26 U.S.C. §§ 501, 509); For purposes of conservation easements granted on or after July 1, 2005: “Holder” means a public body empowered to hold an interest in real property under the laws of the state or the United States; or “Holder” means a charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property; “National Register of Historic Places,” or “National Register,” means that listing of the state's historic, archaeological, architectural, cultural, and environmental resources as nominated by the state's liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966 (P.L. 89-665) (16 U.S.C. § 470 et seq.). Such listing is published in the federal register on a regular basis; “Public body” means the United States, states, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, park or recreation authorities, and any other state, federal or local governmental entity; “Tennessee Register of Historic Places,” or “Tennessee Register,” means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2; and “Third-party right of enforcement” means a right expressly provided in a conservation easement to enforce any of its terms granted to a public body, charitable corporation, charitable association, or charitable trust that, although eligible to be a holder, is not a holder.