LD 1930
pg. 2
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LR 3031
Item 1

 
B.__Persons providing direct services to commercial
fishermen and aquaculturists or fishermen's cooperatives, as
long as provision of these direct services requires the use
of working waterfront real estate; and

 
C.__Municipal and private piers and wharves operated to
provide waterfront access to commercial fishermen,
aquaculturists or fishermen's cooperatives.

 
2.__Qualified holder.__"Qualified holder" or "holder" means a
governmental entity authorized to hold an interest in real
property or a nonprofit organization organized under state law
whose purposes include the permanent protection of working
waterfront or the enlargement of working waterfront opportunities
for commercial fisheries businesses.

 
3. Third-party right of enforcement. "Third-party right of
enforcement" means a right provided in a working waterfront
covenant to enforce any of its terms granted by the grantor and
holder of the covenant to a governmental body or nonprofit
corporation that meets the qualifications of a holder.

 
4.__Working waterfront covenant.__"Working waterfront
covenant" means an agreement in recordable form between the owner
of working waterfront real estate and one or more qualified
holders that permits a qualified holder to control, either
directly or indirectly, the use, ownership and sales price of
working waterfront real estate for the primary purpose of making
and preserving the permanent availability and affordability of
that real estate for commercial fisheries businesses.__A working
waterfront covenant may include a 3rd-party right of enforcement.

 
5.__Working waterfront real estate.__"Working waterfront real
estate" or "real estate" means land, legally filled lands, piers,
wharves and other improvements to lands all adjacent to the
navigable coastal waters of the State.

 
§132. Creation; conveyance; acceptance; duration; filing

 
1.__Working waterfront covenant.__Except as otherwise provided
in this chapter, a working waterfront covenant may be created,
conveyed, recorded, assigned, released, modified, terminated or
otherwise altered or affected in the same manner as other real
estate covenants created by written instrument.

 
2.__Right or duty.__A right or duty in favor of or against a
qualified holder may not arise under a working waterfront
covenant unless it is accepted in writing by the qualified
holder.


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