THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, FONTANA, RAFFERTY AND YAW, APRIL 15, 2011

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 15, 2011  

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(b)(2)(i) and (c)(2) and (3) of the

act of June 30, 1981 (P.L.128, No.43), known as the Agricultural

Area Security Law, amended November 3, 1994 (P.L.621, No.96),

May 30, 2001 (P.L.103, No.14), November 1, 2005 (P.L.323, No.61) 

and May 15, 2006 (P.L.190, No.46) are amended to read:

Section 14.1.  Purchase of agricultural conservation easements.

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(b)  County programs.--After the establishment of an

agricultural security area by the governing body, the county

governing body may authorize a program to be administered by the

county board for purchasing agricultural conservation easements

from landowners whose land is either within an agricultural

security area or in compliance with the criteria set forth in

paragraph (2)(i).

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(2)  It shall be the duty and responsibility of the

county board to exercise the following powers:

(i)  (A)  To adopt rules and regulations for the

administration of a county program for the purchase

of agricultural conservation easements in accordance

with the provisions of this act, including, but not

limited to, rules and regulations governing the

submission of applications by landowners,

establishing standards and procedures for the

appraisal of property eligible for purchase as an

agricultural conservation easement, establishing

minimum criteria for eligibility of viable

agricultural land a portion of which is used for

commercial equine activity and establishing standards

and procedures for the selection or purchase of

agricultural conservation easements.

(A.1)  Prior to exercising authority under

subsection (b.2), to include in such rules and

regulations, standards and procedures for the

participation with eligible nonprofit entities in the

purchase of agricultural conservation easements as

described in subsection (b.2).

(B)  To include in such rules and regulations,

standards and procedures for the selection or

purchase of agricultural conservation easements, in

accordance with subsection (b.2), by the county

solely or jointly with the Commonwealth, a local

government unit, an eligible nonprofit entity or any

combination of these, on that portion of a parcel

which is not within an agricultural security area if

all of the following criteria are complied with:

(I)  The land is part of a parcel of farm

land which is bisected by the dividing line

between two local government units.

(II)  The majority of the farm's viable

agricultural land is located within an existing

agricultural security area. Upon purchase of an

easement covering the portion of the parcel which

is not located within an agricultural security

area, that portion of the parcel shall

immediately become part of the previously

established agricultural security area which

contains a majority of the farm's viable

agricultural land. The governing body which

created the agricultural security area which

contains a majority of the farm's viable

agricultural land shall be responsible for the

recording, filing and notification outlined in

section 8(d) and (g) concerning land added to the

agricultural security area pursuant to this

clause.

(C)  To include in such rules and regulations,

standards and procedures for the selection or

purchase of agricultural conservation easements, in

accordance with subsection (b.2), by the county

solely or jointly with the Commonwealth, a local

government unit, an eligible nonprofit entity or any

combination of these, on that portion of a parcel

located in an adjoining county if all of the

following criteria are complied with:

(I)  The land is part of a parcel of farm

land which is bisected by the dividing line

between the purchasing county and the adjoining

county.

(II)  Either a mansion house is located on

that portion of the parcel which is within the

purchasing county or the dividing line between

the counties bisects the mansion house and the

owner of the parcel has chosen the purchasing

county as the situs of assessment for tax

purposes or, if there is no mansion house on the

parcel, the majority of the farm's viable

agricultural land is located in the purchasing

county.

(III)  The portion of the parcel located in

the purchasing county is within an agricultural

security area. Upon purchase of an easement by

the purchasing county covering that portion of

the parcel located in the adjoining county, the

portion of the parcel located in the adjoining

county shall immediately become part of the

agricultural security area previously established

in the purchasing county. The governing body

which created the agricultural security area in

the purchasing county shall be responsible for

the recording, filing and notification outlined

in section 8(d) and (g) concerning land added to

the agricultural security area pursuant to this

clause.

(D)  To include in such rules and regulations, a

requirement that discrete tracts of land that are

aggregated in a single agricultural conservation

easement purchase application shall be merged, prior

to the sale of the agricultural conservation

easement, such that the subdivision and the

subdivision review procedures described in subsection

(i) are required for any tract of land that is less

than all of the land described in the deed of

agricultural conservation easement to be transferred

to another.

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(c)  Restrictions and limitations.--An agricultural

conservation easement shall be subject to the following terms,

conditions, restrictions and limitations:

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[(2)  Unless otherwise authorized in accordance with

subsection (i), an agricultural conservation easement shall

not be sold, conveyed, extinguished, leased, encumbered or

restricted in whole or in part for a period of 25 years

beginning on the date of purchase of the easement.

(3)  Unless otherwise authorized in accordance with

subsection (i), if the land subject to the agricultural

conservation easement is no longer viable agricultural land,

the Commonwealth, subject to the approval of the State board,

and the county, subject to the approval of the county board,

may sell, convey, extinguish, lease, encumber or restrict an

agricultural conservation easement to the current owner of

record of the farmland subject to the easement after the

expiration of 25 years from the date of purchase of the

easement for a purchase price equal to the value at the time

of resale determined pursuant to subsection (f) at the time

of conveyance. A conveyance by the Commonwealth pursuant to

this subsection shall not be subject to the requirements of

Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929." The purchase

price shall be payable to the Commonwealth and the county as

their respective legal interests in the agricultural

conservation easement appear, and a separate payment shall be

made to the Commonwealth and the county accordingly at the

time of settlement. Any payment received by the Commonwealth

pursuant to this provision shall be paid into the fund.]

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