Code of the District of Columbia

§ 42–201. Definitions.

For the purposes of this chapter, the term:

(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, forestal, 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) “Holder” means 1 of the following:

(A) A governmental body empowered to hold an interest in real property under the laws of the District of Columbia or the United States; or

(B) 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, ensuring the availability of real property for agricultural, forestal, 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.

(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, which, although eligible to be a holder, is not a holder.


(May 16, 1986, D.C. Law 6-113, § 2, 33 DCR 1996.)

Prior Codifications

1981 Ed., § 45-2601.

Section References

This section is referenced in § 42-202.

Editor's Notes

Community Development Block Grant Program: Pursuant to Resolution 6-768, the “Community Development Block Grant Program Resolution of 1986,” effective July 8, 1986, the Council authorized the Mayor to revise the proposed final statement to include the homestead housing preservation program as an activity to permit the use of CDBG funds for initial program staff, approved the revised final statement, and authorized the Mayor to submit the revised final statement to HUD.

Uniform Law: This section is based upon § 1 of the Uniform Conservation Easement Act.