| | | 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 |
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| | | C.__Municipal and private piers and wharves operated to | | provide waterfront access to commercial fishermen, | | aquaculturists or fishermen's cooperatives. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | §132. Creation; conveyance; acceptance; duration; filing |
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| | | 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. |
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| | | 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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