The Arizona Revised Statutes have been updated to include the revised sections from the 53rd Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 54th Legislature, 1st Regular Session, which convenes in January 2019.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
In this article, unless the context otherwise requires:
1. "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property.
2. "Conservation purposes" means any of the following activities which yield a significant public benefit:
(a) Preserving land areas for outdoor recreation by, or the education of, the general public.
(b) Protecting a relatively natural habitat of fish, wildlife or plants or similar ecosystem.
(c) Preserving open space, including farmland and forest land, if the preservation is either:
(i) For the scenic enjoyment of the general public.
(ii) Pursuant to a clearly delineated federal, state or local governmental conservation policy.
3. "Holder" means either:
(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States.
(b) A charitable corporation or trustee of a 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.
4. "Third party right of enforcement" means a right granted in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation or charitable trust, which, although eligible to be a holder, is not a holder.