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PRINTER'S NO. 994
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
885
Session of
2017
INTRODUCED BY MURT, BARRAR, GILLEN, LONGIETTI AND MILLARD,
MARCH 17, 2017
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 17, 2017
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 purchase of agricultural conservation
easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14.1(c)(6)(ii) of the act of June 30,
1981 (P.L.128, No.43), known as the Agricultural Area Security
Law, is amended and the section is amended by adding paragraphs
to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(c) Restrictions and limitations.--An agricultural
conservation easement shall be subject to the following terms,
conditions, restrictions and limitations:
* * *
(6) An agricultural conservation easement shall not
prevent:
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(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.
* * *
(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 country recorder of
deeds.
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* * *
Section 2. This act shall take effect in 60 days.
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