11-15-102 - Definitions. - Tennessee Statutes

11-15-102. Definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “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 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 (Pub. L. No. 89-665). Such listing is published in the Federal Register on a regular basis;

     (2)  “Public body” means the state, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, and park or recreation authorities;

     (3)  (A)  “Scenic easement” means an easement in land which:

                (i)  Is held for the benefit of the people of Tennessee;

                (ii)  Is specifically enforceable by its holder or beneficiary; and

                (iii)  Limits or obligates the holder of servient estate, the holder's heirs, and assigns with respect to their use and management of the land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the present condition, use, or natural beauty of the land in question or the protection and preservation of historic, architectural, archaeological, or cultural resources, or natural areas affected by the land in question.

          (B)  “Scenic 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 either:

                (i)  In fee simple;

                (ii)  For the owner's life or the life of another; or

                (iii)  For a term of years; and

     (4)  “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.

[Acts 1973, ch. 21, § 2; impl. am. Acts 1975, ch. 143, § 1; 1976, ch. 730, §§ 2, 3; T.C.A., § 11-1802.]