Chapter 907 Oregon Laws 2001
AN ACT
SB 872
Relating to holders of
easements; amending ORS 271.715.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 271.715 is amended to read:
271.715. As used in ORS 271.715 to 271.795, unless the context
otherwise requires:
(1) “Conservation easement” means a nonpossessory interest
of a holder in real property imposing limitations or affirmative obligations
the purposes of which include retaining or protecting natural, scenic, or open
space values of real property, [assuring]
ensuring its availability 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.
(2) “Highway scenic preservation easement” means a
nonpossessory interest of a holder in real property imposing limitations or
affirmative obligations the purposes of which include retaining or protecting
natural, scenic or open space values of property.
(3) “Holder” means:
(a) The state or any county, metropolitan service district,
city or park and recreation district acting alone or in cooperation with any
federal or state agency, public corporation or political subdivision; [or]
(b) A charitable corporation, charitable association,
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[.]; or
(c) An Indian tribe as
defined in ORS 97.740.
(4) “Third-party right of enforcement” means a right
provided in a conservation easement or highway scenic preservation easement to
enforce any of its terms granted to a governmental body, charitable
corporation, charitable association or charitable trust, which, although
eligible to be a holder, is not a holder.
SECTION 2.
If House Bill 3564 becomes law, section
1 of this 2001 Act (amending ORS 271.715) is repealed and ORS 271.715, as
amended by section 12, chapter 708, Oregon Laws 2001 (Enrolled House Bill
3564), is amended to read:
271.715. As used in ORS 271.715 to 271.795, unless the
context otherwise requires:
(1) “Conservation easement” means a nonpossessory interest
of a holder in real property imposing limitations or affirmative obligations
the purposes of which include retaining or protecting natural, scenic, or open
space values of real property, ensuring its availability 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.
(2) “Highway scenic preservation easement” means a
nonpossessory interest of a holder in real property imposing limitations or
affirmative obligations the purposes of which include retaining or protecting
natural, scenic or open space values of property.
(3) “Holder” means:
(a) The state or any county, [tribal government,] metropolitan service district, city or park and
recreation district acting alone or in cooperation with any federal or state
agency, public corporation or political subdivision; [or]
(b) A charitable corporation, charitable association,
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; or
(c) An Indian tribe as
defined in ORS 97.740.
(4) “Third-party right of enforcement” means a right
provided in a conservation easement or highway scenic preservation easement to
enforce any of its terms granted to a governmental body, charitable
corporation, charitable association or charitable trust, which, although
eligible to be a holder, is not a holder.
Approved by the Governor
August 3, 2001
Filed in the office of
Secretary of State August 3, 2001
Effective date January 1,
2002
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