THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, ERICKSON, BOSCOLA, COSTA, FERLO, FOLMER, PILEGGI, RAFFERTY, SOLOBAY, WAUGH AND M. WHITE, MARCH 16, 2012

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MARCH 16, 2012  

AN ACT

Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An

act authorizing the creation of agricultural areas," further

providing for the purchase of agricultural conservation

easements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 14.1(c) and (i) of the act of June 30,

1981 (P.L.128, No.43), known as the Agricultural Area Security

Law, amended November 23, 1994 (P.L.621, No.96), December 21,

1998 (P.L.1056, No.138), November 1, 2005 (P.L.323, No.61) and

July 7, 2011 (P.L.247, No.44), are amended to read:

Section 14.1.  Purchase of agricultural conservation easements.

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(c)  Restrictions and limitations.--An agricultural

conservation easement shall be subject to the following terms,

conditions, restrictions and limitations:

(1)  The term of an agricultural conservation easement

shall be perpetual.

(4)  Instruments and documents for the purchase, sale and

conveyance of agricultural conservation easements shall be

approved by the State board or the county board, as the case

may be, prior to execution and delivery. Proper releases from

mortgage holders and lienholders must be obtained and

executed to insure that all agricultural conservation

easements are purchased free and clear of all encumbrances.

(5)  Whenever any public entity, authority or political

subdivision exercises the power of eminent domain and

condemns land subject to an agricultural conservation

easement, the condemnor shall provide just compensation to

the owner of the land in fee and to the owner of the easement

as follows:

(i)  The owner of the land in fee shall be paid the

full value which would have been payable to the owner but

for the existence of an agricultural conservation

easement less the value of the agricultural conservation

easement at the time of condemnation.

(ii)  The owner of the easement shall be paid the

value of the easement at the time of condemnation.

(iii)  For easements owned jointly by the

Commonwealth and an eligible county, if the eligible

county commits its share of funds received under this

paragraph toward the purchase of agricultural

conservation easements, the condemnor shall provide the

Commonwealth's share of funds to the eligible county for

use in purchasing agricultural conservation easements in

accordance with this act.

(iv)  For easements owned by the Commonwealth, the

condemnor shall provide the Commonwealth's share of funds

received under this paragraph to the eligible county for

use in purchasing agricultural conservation easements in

accordance with this act.

(v)  Funds received by an eligible county under this

paragraph shall not be considered matching funds under

subsection (h).

(vi)  If an eligible county which receives funds

under this paragraph fails to spend the Commonwealth's

share of funds within two years of receipt of the funds,

the eligible county shall pay the Commonwealth the

Commonwealth's share of funds received under this

paragraph plus 6% simple interest. These funds shall be

deposited into the Agricultural Conservation Easement

Purchase Fund.

(6)  An agricultural conservation easement shall not

prevent:

(i)  The granting of leases, assignments or other

conveyances or the issuing of permits, licenses or other

authorization for the exploration, development, storage

or removal of coal or noncoal minerals by underground

mining methods, oil and gas by the owner of the subject

land or the owner of the underlying coal or noncoal

minerals by underground mining methods, oil and gas or

the owner of the rights to develop the underlying coal or

noncoal minerals by underground mining methods, oil and

gas, or the development of appurtenant facilities related

to the removal of coal or noncoal minerals by underground

mining methods, oil or gas development or activities

incident to the removal or development of such minerals.

(ii)  The granting of rights-of-way by the owner of

the subject land in and through the land for trails for

nonmotorized use, in accordance with paragraphs (9) and

(10) or for the installation of, transportation of, or

use of water, sewage, electric, telephone, coal or

noncoal minerals by underground mining methods, gas, oil

or oil products lines.

(iii)  Construction and use of structures on the

subject land necessary for agricultural production or a

commercial equine activity.

(iv)  Construction and use of structures on the

subject land for the landowner's principal residence or

for the purpose of providing necessary housing for

seasonal or full-time employees: Provided, That only one

such structure may be constructed on no more than two

acres of the subject land during the term of the

agricultural conservation easement[.]: and Provided

further, That the owner of the land subject to the

agricultural conservation easement may relinquish and

extinguish the right of construction and use of

structures conferred by this clause by recording, in the

office for the recording of deeds in the county in which

the land subject to the agricultural conservation

easement is located, an affidavit evidencing the intent

to relinquish and extinguish.

(v)  Customary part-time or off-season minor or rural

enterprises and activities which are provided for in the

county Agricultural Conservation Easement Purchase

Program approved by the State board under subsection (d).

(vi)  Commercial equine activity on the subject land.

(7)  Land subject to an agricultural conservation

easement shall not be subdivided for any purpose which may

harm the economic viability of the farmland for agricultural

production. Land may be subdivided prior to the granting of

an agricultural conservation easement, provided that

subdividing will not harm the economic viability for

agricultural production of the land subject to the easement.

(8)  Nothing in this act shall prohibit a member of the

State board or county board or his or her family from selling

a conservation easement under this program, provided that all

decisions made regarding easement purchases be subject to the

provisions of section 3(j) of the act of October 4, 1978

(P.L.883, No.170), referred to as the Public Official and

Employee Ethics Law.

(9)  The owner of the land subject to an agricultural

conservation easement may permit or authorize the use of a

portion of the subject land for a trail under the following

conditions:

(i)  the portion of land does not exceed 20 feet in

width;

(ii)  the portion of land is used as a trail for

nonmotorized passive recreational use;

(iii)  the portion of land is available to the public

for use without charge; and

(iv)  the use of the portion of land as a trail does

not convert land which is devoted primarily to

agricultural production or commercial equine activity.

(10)  If the owner of land subject to an agricultural

conservation easement permits or authorizes the use of a

portion of the subject land for a trail under paragraph (9),

the owner may enter into an agreement with a local government

unit or an eligible nonprofit entity permitting or

authorizing its use of the portion of land as a trail. The

agreement shall be recorded with the county recorder of

deeds.

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(i)  Subdivision of land after easement purchase.--

(1)  Each county program shall specify the conditions

under which the subdivision of land subject to an

agricultural conservation easement may be permitted. In no

case, however, shall a county program permit a subdivision

which will:

(i)  harm the economic viability of the farmland for

agricultural production; or

(ii)  convert land which has been devoted primarily

to agricultural use to another primary use, except that a

county program may permit one subdivision for the purpose

of the construction of a principal residence for the

landowner or an immediate family member, subject to this

right being relinquished and extinguished in accordance

with subsection (c)(6)(iv).

(2)  The county board may agree to permit a parcel of

land subject to an agricultural conservation easement to be

subdivided after the granting of such easement as follows:

(i)  The landowner of record may submit an

application, in such form and manner as the county board

may prescribe, to the county board requesting that a

parcel of the land subject to an easement be subdivided.

Upon receipt of the application, the county board shall

cause to be forwarded written notification thereof to the

county zoning office, county planning office and county

farmland preservation office, herein referred to as the

reviewing agencies. Each reviewing agency shall have 60

days from receipt of such notification to review, comment

and make recommendations on the proposed application to

the county board.

(ii)  After reviewing the application and the

comments and recommendations submitted by the reviewing

agencies, the county board shall approve or reject the

application to subdivide within 120 days after the date

of its filing unless the time is extended by mutual

agreement of the landowner and reviewing agencies.

(iii)  If the application to subdivide land is

approved by the county board, a copy of the application,

along with the comments and recommendations of the

reviewing agencies, shall be forwarded to the State board

for review and approval or disapproval. When reviewing an

application to subdivide land subject to an agricultural

conservation easement, the State board shall consider

only whether the application complies with the conditions

under which subdivisions are permitted by the approved

county program. The State board shall notify the county

board of its decision regarding the application.

(iv)  If the application to subdivide is rejected by

the county board, the application shall be returned to

the landowner with a written statement of the reasons for

such rejection. Within 30 days after the receipt of the

statement of rejection, the landowner may appeal the

rejection in accordance with 2 Pa.C.S. Ch. 5 Subch. B

(relating to practice and procedure of local agencies)

and Ch. 7 Subch. B (relating to judicial review of local

agency action).

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Section 2.  This act shall take effect in 60 days.