2013 ORS § 271.715¹
Definitions for ORS 271.715 to 271.795

As used in ORS 271.715 (Definitions for ORS 271.715 to 271.795) to 271.795 (Construction of Act), 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, any county, metropolitan service district, soil and water conservation district, city or park and recreation district or a county service district established under ORS 451.410 (Definitions for ORS 451.410 to 451.610) to 451.610 (Advisory committee for emergency reporting) to construct, maintain and operate service facilities in Washington or Clackamas Counties for the purposes specified in ORS 451.010 (Facilities and services provided by service districts) (1)(a) and (b) and in Washington County for the purpose specified in ORS 451.010 (Facilities and services provided by service districts) (5) acting alone or in cooperation with any federal or state agency, public corporation or political subdivision;

(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 (Definitions for ORS 97.740 to 97.760).

(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. [1983 c.642 §1; 1985 c.160 §1; 1997 c.249 §78; 1999 c.208 §1; 2001 c.708 §12; 2001 c.907 §2; 2003 c.467 §1; 2005 c.368 §1]