HOUSE AMENDED
PRIOR PRINTER'S NOS. 161, 258 PRINTER'S NO. 1362
No. 156 Session of 1987
INTRODUCED BY WENGER, HELFRICK, STAPLETON, MADIGAN, JUBELIRER,
ARMSTRONG, SHAFFER, WILT, GREENWOOD, CORMAN, BRIGHTBILL,
ANDREZESKI, O'PAKE, SALVATORE AND RHOADES, JANUARY 20, 1987
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1987
AN ACT
1 Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An <--
2 act authorizing the creation of agricultural areas," further
3 providing for agricultural areas, public hearings, evaluation
4 criteria, decisions and reviews of proposed areas, appeals,
5 limitation on local agencies, policy of Commonwealth
6 agencies, limitations on exercise of eminent domain and
7 purchases of development easements in agricultural areas;
8 making an appropriation; and making editorial changes.
9 AMENDING THE ACT OF JULY 13, 1987 (P.L.299, NO.54), ENTITLED "AN <--
10 ACT AUTHORIZING THE INCURRING OF INDEBTEDNESS, WITH APPROVAL
11 OF THE ELECTORS, OF $100,000,000 FOR THE PURCHASE OF
12 AGRICULTURAL CONSERVATION EASEMENTS FOR THE PRESERVATION OF
13 AGRICULTURAL LAND," FURTHER PROVIDING FOR THE APPROVAL OF THE
14 ELECTORS.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 2, 3, 5, 6, 7, 8, 9, 11, 13, and 14 of <--
18 the act of June 30, 1981 (P.L.128, No.43), known as the
19 Agricultural Area Security Law, are amended to read:
20 Section 2. Statement of legislative findings.
21 It is the declared policy of the Commonwealth to conserve and
22 protect and to encourage the development and improvement of its
1 agricultural lands for the production of food and other
2 agricultural products. It is also the declared policy of the
3 Commonwealth to conserve and protect agricultural lands as
4 valued natural and ecological resources which provide needed
5 open spaces for clean air, as well as for aesthetic purposes.
6 Article VIII, section 2 of the Constitution of Pennsylvania
7 provides that the General Assembly may, by law, establish
8 standards and qualifications for agricultural reserves.
9 Agriculture in many parts of the Commonwealth is under urban
10 pressure from expanding metropolitan areas. This urban pressure
11 takes the form of scattered development in wide belts around
12 urban areas, and brings conflicting land uses into
13 juxtaposition, creates high costs for public services, and
14 stimulates land speculation. When this scattered development
15 extends into good farm areas, ordinances inhibiting farming tend
16 to follow, farm taxes rise, and hopes for speculative gains
17 discourage investments in farm improvements. Many of the
18 agricultural lands in the Commonwealth are in jeopardy of being
19 lost for any agricultural purposes. Certain of these lands
20 constitute unique and irreplaceable land resources of Statewide
21 importance. It is the purpose of this act to provide [a] means
22 by which agricultural land may be protected and enhanced as a
23 viable segment of the Commonwealth's economy and as an economic
24 and environmental resource of major importance.
25 It is further the purpose of this act to:
26 (1) Encourage landowners to make a long-term commitment
27 to agriculture by offering them financial incentives and
28 security of land use.
29 (2) Protect farming operations in agricultural areas
30 from incompatible nonfarm land uses that may render farming
19870S0156B1362 - 2 -
1 impracticable.
2 (3) Assure permanent conservation of productive
3 agricultural lands in order to protect the agricultural
4 economy of this Commonwealth.
5 (4) Provide compensation to landowners in exchange for
6 their relinquishment of the right to develop their private
7 property.
8 (5) Leverage State agricultural easement purchase funds
9 and protect the investment of taxpayers in agricultural
10 conservation easements.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section, unless the
14 context clearly indicates otherwise:
15 "Advisory committee." An Agricultural Area Advisory
16 Committee.
17 "Agricultural area." A unit of 500 or more acres of land
18 used for the agricultural production of crops, livestock and
19 livestock products under the ownership of one or more persons.
20 "Agricultural conservation easement." An interest in land,
21 less than fee simple, which interest represents the right to
22 prevent the development or improvement of the land for any
23 purpose other than agricultural production. The easement may be
24 granted by the owner of the fee simple to any third party or to
25 the Commonwealth, to a county governing body or to a unit of
26 local government. It may be granted for a term of years or in
27 perpetuity, as the equivalent of covenants running with the
28 land.
29 "Agricultural production." The production for commercial
30 purposes of crops, livestock and livestock products, but not
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1 land or portions thereof used for processing or retail
2 merchandising of such crops, livestock or livestock products.
3 "Board" or "State board." The Agricultural [Lands
4 Condemnation Approval] Conservation Board.
5 "County governing body." The county board of commissioners
6 or other designated council of representatives under home rule
7 charters.
8 "Crops, livestock and livestock products." Include but are
9 not limited to:
10 (1) Field crops, including corn, wheat, oats, rye,
11 barley, hay, potatoes and dry beans.
12 (2) Fruits, including apples, peaches, grapes, cherries
13 and berries.
14 (3) Vegetables, including tomatoes, snap beans, cabbage,
15 carrots, beets, onions and mushrooms.
16 (4) Horticultural specialties, including nursery stock
17 ornamental shrubs, ornamental trees and flowers.
18 (5) Livestock and livestock products, including cattle,
19 sheep, hogs, goats, horses, poultry, furbearing animals,
20 milk, eggs and furs.
21 (6) Timber, wood and other wood products derived from
22 trees.
23 (7) Aquatic plants and animals and their byproducts.
24 ["Development easement." An interest in land, less than fee
25 simple title, which interest represents the inchoate right to
26 develop such lands for residential, commercial, recreational or
27 industrial uses. This right shall become absolute when the owner
28 of a development easement either owns the land to which the
29 easement belongs or has a written agreement with the owner of
30 the land to use the development easement on the land: Provided,
19870S0156B1362 - 4 -
1 however, That the use of the development easement is in
2 compliance with all local zoning ordinances.]
3 "Governing body." The governing body of a local government
4 unit.
5 "Local government unit." Any city, borough, township or
6 town.
7 "Normal farming operations." The customary and generally
8 accepted activities, practices, and procedures that farmers
9 adopt, use, or engage in year after year in the production and
10 preparation for market of [poultry] crops, livestock, and
11 [their] livestock products and in the production and harvesting
12 of agricultural, agronomic, horticultural, silvicultural, and
13 [aquicultural] aquacultural crops and commodities.
14 "Planning commission." A local government planning
15 commission or agency, or if the county planning commission, then
16 that entity which has been designated by the county
17 commissioners to establish and foster a comprehensive plan for
18 land management and development within the county, or if a local
19 planning commission, then that entity which has been designated
20 by the local government unit governing body to establish and
21 foster a comprehensive plan for land management and development
22 within the local government unit which is compatible with the
23 county comprehensive plan.
24 "Viable agricultural land." Land suitable for agricultural
25 production and which will continue to be economically feasible
26 for such use if real estate taxes, farm use restrictions, and
27 speculative activities are limited to levels approximating those
28 in commercial agricultural areas not influenced by the proximity
29 of urban and related nonagricultural development.
30 Section 5. Agricultural areas.
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1 (a) Proposals for creation.--Any owner or owners of land may
2 submit a proposal to the governing body for the creation of an
3 agricultural area within such local government unit, provided
4 that such owner or owners own at least 500 acres of viable
5 agricultural land proposed to be included in the area. The
6 proposed area may also consist of two or more noncontiguous
7 parcels or areas[: Provided, however, That the], providing that:
8 (1) The governing body may limit the minimum acreage
9 requirements in noncontiguous parcels in an agricultural
10 area[: And, provided further, That no minimum].
11 (2) Minimum acreage [requirement] requirements shall be
12 [more than 50] ten acres or less.
13 (a.1) Submitting the proposal.--Such proposal for creation
14 of an agricultural area shall be submitted in such manner and
15 form as may be prescribed by the governing body of the local
16 government unit wherein the proposed area is situated and shall
17 include a description of the proposed area, including the
18 boundaries thereof. [If the proposed area is situated in more
19 than one local government unit, the proposal shall be submitted
20 to the governing bodies of all local government units affected.]
21 (a.2) Proposals for agricultural areas in more than one
22 local government unit.--If the land included in a proposal for
23 an agricultural area is situated in more than one local
24 government unit, the proposal shall be submitted to, and
25 approval of the proposal shall be sought from, the governing
26 body of each such local government unit affected. A rejection by
27 a governing body shall exclude that portion of the proposal
28 which is situated within the local government unit. However,
29 such rejection shall not preclude the approval of the remaining
30 portion of the proposal as an agricultural area by the governing
19870S0156B1362 - 6 -
1 body of the other affected local government units, provided that
2 the total acreage approved is at least 500 acres and that such
3 approved portion meets all other requirements imposed under this
4 act for agricultural areas.
5 (b) Notice.--Upon the receipt of such a proposal, the
6 governing body shall thereupon provide notice of such proposal
7 by publishing a notice in a newspaper having general circulation
8 within the proposed area and by posting such notice in five
9 conspicuous places within, adjacent or near to the proposed
10 area. If the governing body fails to provide the required notice
11 within 15 days of receiving a proposal, a person who is
12 adversely affected by this inaction may bring an action in
13 mandamus to compel compliance. The notice shall contain the
14 following information:
15 (1) A statement that a proposal for an agricultural area
16 has been filed with the governing body pursuant to this act.
17 (2) A statement that the proposal will be on file open
18 to public inspection in the office of the local government
19 unit.
20 (3) A statement that any [municipality whose territory
21 encompasses] local government unit encompassing or adjacent
22 to the proposed area, or any landowner who owns the land
23 proposed to be included within the proposed area, or any
24 landowner with lands adjacent or near to the proposed area
25 who wishes such lands to be included or not included therein,
26 may propose modifications of the proposed area in such form
27 and manner as may be prescribed by the governing body. The
28 statement shall indicate that objections to the proposal and
29 proposed modifications to the proposal must be filed with the
30 governing body and the planning commission within 15 days of
19870S0156B1362 - 7 -
1 the date of publication of the notice.
2 [(4) A statement that any proposed modification must be
3 filed with the governing body and the planning commission
4 within 30 days after the publication of such notice.
5 (5)] (4) A statement that at the termination of the 30-
6 day period, the proposal and proposed modifications will be
7 submitted to the planning commission and the advisory
8 committee, and that thereafter a public hearing will be held
9 on the proposal, proposed modifications and recommendations
10 of the planning commission and advisory committee.
11 (c) Modification proposals.--The governing body shall
12 receive any proposals for modifications of such proposal which
13 may be submitted by such landowners or [municipalities within 30
14 days after the publication of such notice] local government
15 units up to seven days prior to advertisement of public hearing
16 as provided in section 6(a).
17 (d) Report by planning commission.--The governing body
18 shall, upon the termination of such 30-day period, refer such
19 proposal and proposed modifications to the planning commission[,
20 which shall, within 45 days,]. The planning commission shall
21 have up to 45 days to review the proposal and proposed
22 modifications and report to the governing body the potential
23 effect of such proposal and proposed modifications upon the
24 local government's planning policies and objectives. The failure
25 of the planning commission to submit a report within 45 days
26 shall not prohibit the governing body from conducting further
27 proceedings or from further exercising its authority pursuant to
28 this act.
29 (e) Referral to advisory committee.--The governing body
30 shall also, upon the termination of such 30-day period, refer
19870S0156B1362 - 8 -
1 such proposal and proposed modifications to the Agricultural
2 Area Advisory Committee[, which shall, within 45 days]. The
3 committee shall have up to 45 days to review the proposal and
4 proposed modifications and report to the governing body its
5 recommendations concerning the proposal and proposed
6 modifications. The failure of the advisory committee to submit a
7 report within 45 days shall not prohibit the governing body from
8 conducting further proceedings or from further exercising its
9 authority pursuant to this act.
10 Section 6. Public hearings.
11 (a) Hearings.--The governing body[,] shall hold a public
12 hearing relative to the proposed agricultural area upon receipt
13 of the reports from the advisory committee and the planning
14 commission[, hold a public hearing relative to the proposed
15 agricultural area] or upon expiration of the 45-day period as
16 provided in section 5.
17 (b) Place of hearing.--The hearing shall be held at a place
18 within the proposed area or otherwise readily accessible to the
19 proposed area, such as a municipal building.
20 (c) Notice of hearing.--[A] Pursuant to the act of July 3,
21 1986 (P.L.388, No.84), known as the "Sunshine Act," a hearing
22 notice shall be published in a newspaper having a general
23 circulation within the proposed area [and]. In addition, notice
24 shall be given in writing [to those municipalities whose
25 territory encompasses the proposed area and any proposed
26 modifications and] to those landowners who proposed
27 modifications pursuant to section 5(c)[, and] or whose land is
28 included in proposed modifications, and to all landowners within
29 the proposed agricultural area. Notice also shall be given by
30 posting such notice in five conspicuous places within, adjacent
19870S0156B1362 - 9 -
1 or near to the proposed area. Such notice shall contain the
2 following information:
3 (1) A statement of the time, date and place of the
4 public hearing.
5 (2) A description of the proposed area, any proposed
6 additions or deletions and any recommendations of the
7 planning commission or advisory committee.
8 (3) A statement that the public hearing will be held
9 concerning:
10 (i) The original proposal.
11 (ii) Any written amendments proposed during the [30-
12 day] review period.
13 (iii) Any recommendations proposed by the
14 Agricultural Area Advisory Committee and the planning
15 commission.
16 Section 7. Evaluation criteria.
17 (a) Factors to be considered.--The following factors shall
18 be considered by the planning commission, advisory committee,
19 and at any public hearing:
20 (1) [The viability of active farming within the proposed
21 area and in areas near or adjacent thereto.
22 (2) The presence of any viable farm lands within the
23 proposed area and adjacent thereto that are not now in active
24 farming.
25 (3) The nature and extent of land uses other than active
26 farming within the proposed area and near or adjacent
27 thereto.
28 (4) Local government unit developmental patterns and
29 needs.
30 (5) The local government unit's comprehensive plan.
19870S0156B1362 - 10 -
1 (6) Any other matter which may be relevant.
2 (b) Other factors.--In judging viability the following
3 factors shall be considered:
4 (1) Soil.
5 (2) Climate.
6 (3) Topography.
7 (4) Markets for farm products.
8 (5) The extent and nature of farm improvements.
9 (6) The present status of farming.
10 (7) Anticipated trends in agricultural economic
11 conditions and technology.
12 (8) Any other natural or economic factors as may be
13 relevant.
14 (c)] Land proposed for inclusion in an agricultural area
15 shall have soils which are conducive to agriculture. This
16 factor will have been satisfied without further consideration
17 if at least 50% in the aggregate of the land to be included
18 in an agricultural area falls into one of the following
19 categories: land whose soils are classified in Soil
20 Conservation Service Capability Classes I through IV,
21 excepting IV(e); land which falls within the Soil
22 Conservation Service classification of "unique farm land"; or
23 land whose soils do not meet Capability Classes I through IV
24 but which is currently in active farm use and is being
25 maintained in accordance with the soil erosion and
26 sedimentation plan applicable to such land.
27 (2) Land proposed for inclusion in an agricultural
28 security area shall be compatible with local government unit
29 comprehensive plans and with county comprehensive plans. Any
30 zoning shall permit agricultural use but need not exclude
19870S0156B1362 - 11 -
1 other uses.
2 (3) The land proposed for inclusion in the agricultural
3 area, and any additions which are proposed subsequently,
4 shall be viable agricultural land.
5 (4) Additional factors to be considered are the extent
6 and nature of farm improvements, anticipated trends in
7 agricultural economic and technological conditions and any
8 other matter which may be relevant.
9 (b) Resource materials.--In considering the viability
10 factors as set forth in this section, various resource materials
11 shall be used, including, but not limited to, the following:
12 (1) Soil surveys of the Pennsylvania State University.
13 (2) Soil surveys and other information provided by the
14 National Cooperative Soil Survey.
15 (3) Soil survey maps prepared by the United States Soil
16 Conservation Service.
17 (4) The United States census of agricultural categories
18 of land use classes.
19 (5) [Agricultural viability maps prepared by the
20 Department of Agriculture.
21 (6)] Any other relevant published data, maps, charts, or
22 results of soil or land use surveys made by any county, State
23 or Federal agency.
24 Section 8. Decision on proposed area.
25 (a) Action by governing body.--The governing body, [after
26 receiving the reports of the planning commission and the
27 advisory committee, and after such public hearing] upon
28 completion of the procedures and considerations prescribed in
29 sections 5, 6 and 7, may adopt the proposal or any modification
30 of the proposal [they deem] the governing body deems
19870S0156B1362 - 12 -
1 appropriate, including the inclusion, to the extent feasible, of
2 adjacent viable farm lands, and, the exclusion, to the extent
3 feasible, of nonviable farm land and nonfarm land. The existence
4 of utility facilities on the proposed area shall not prevent the
5 [designation of the area as "agricultural"] adoption of such
6 area as an agricultural area nor shall the rights of utilities
7 with respect to the existing facilities be disturbed or affected
8 by such [designation] adoption. The governing body shall act to
9 adopt or reject the proposal, or any modification [of it], no
10 later than 180 days from the date the proposal was originally
11 submitted. Failure by the governing body to act within this 180-
12 day period shall be deemed adoption of the proposal without
13 modification.
14 (b) Effective date of creation of area.--[The proposed] An
15 agricultural area[,] shall become effective upon the adoption of
16 [same] the proposal or its modification by the governing body or
17 upon expiration of the 180-day period as provided in subsection
18 (a). If the proposal has included land situated in more than one
19 local government unit, the agricultural area shall become
20 effective upon adoption by the local government unit or units of
21 such portion of the proposal or proposed modifications as will
22 meet the minimum acreage and other requirements of an
23 agricultural area provided in this act. Subsequent adoption of
24 the remaining portion shall immediately effectuate such portion
25 as an agricultural area.
26 (c) Filing of area description.--[Upon] Within ten days of
27 the creation of an agricultural area, a description thereof
28 shall be filed by the governing body with the recorder of deeds,
29 who shall record the filing, and with the planning [commission]
30 commissions of the county and of the local government unit.
19870S0156B1362 - 13 -
1 Filing shall be done in a manner which is sufficient to give
2 notice to all persons who have, may acquire or may seek to
3 acquire an interest in land in or adjacent to the created
4 agricultural area. Upon the failure of the governing body or
5 recorder of deeds to file or record the created agricultural
6 area in accordance with the time or manner requirements
7 prescribed in this subsection, any person adversely affected may
8 file a petition with the court of common pleas to compel
9 immediate compliance with the provisions of this subsection.
10 (d) Participation.--Participation in the agricultural area
11 shall be available at its creation on a voluntary basis to
12 landowners within the jurisdiction of the governing body
13 including those not among the original petitioners [on a
14 voluntary basis]. The addition or deletion of land in the
15 agricultural area shall only occur after seven years or whenever
16 the agricultural area is subject to review by the [local]
17 governing body.
18 Section 9. Review of area.
19 (a) Review by governing body.--The governing body shall
20 review any area created under [this] section 8 seven years after
21 the date of its creation and every seven years thereafter. In
22 conducting such review, the governing body shall ask for the
23 recommendations of the planning commission, the county planning
24 commission and the advisory committee, and shall, at least 120
25 days prior to the end of the seventh year and not more than 180
26 days prior to such date, hold a public hearing at a place within
27 the area or otherwise readily accessible to the area [upon
28 notice]. Notice of the public hearing shall be published before
29 the hearing in a newspaper having a general circulation within
30 the area [by posting]. In addition, notice shall be posted
19870S0156B1362 - 14 -
1 before the hearing in five conspicuous places within, adjacent
2 or near the area and [by] individual notice, in writing, shall
3 be given to those [municipalities whose territories encompass
4 the area and the person] persons owning land within the area.
5 The governing body, after [receiving the reports of] allowing
6 the planning commission, the county planning commission and the
7 advisory committee sufficient time to submit recommendations,
8 and after the public hearing, may terminate the area at the end
9 of such seven-year period [by filing a notice of termination
10 with the recorder of deeds and with the planning commission] or
11 it may modify the area in the same manner as is provided in this
12 act for the creation of agricultural areas. Within ten days of
13 its action of termination or modification, the governing body
14 shall file a notice of termination or modification with the
15 recorder of deeds, who shall record such notice in such manner
16 and place as has been provided in the original recording of the
17 agricultural area. The governing body shall also file a notice
18 of termination or modification with the planning commissions of
19 the county and of the local government unit. If the governing
20 body does not act, or if a modification of an area is rejected,
21 the area shall [continue as originally constituted] be deemed to
22 be adopted without modification for another seven years.
23 (b) [Landowner withdrawal] Changes in participation.--
24 Landowners who wish their land to be withdrawn or included in
25 the agricultural area shall notify the local governing unit of
26 their intent [at least 120 days before the end of the seventh
27 year.] in writing at least 180 days before the end of the
28 seventh year.
29 (c) Interim review.--If, within the seven-year period, 10%
30 of the land within the agricultural area is diverted to
19870S0156B1362 - 15 -
1 residential or nonagricultural commercial development, the
2 governing body may review the diversion and may request, in
3 writing, that the local and county planning commissions and the
4 agricultural advisory committee study its review and make
5 recommendations within 30 days of the written request. The
6 governing body shall thereupon conduct a public hearing, after
7 providing the same notice as that which is required under
8 section 6(c). The hearing shall be held no sooner than 45 days
9 after the governing body has submitted written requests for
10 review and recommendation to the planning commissions and
11 advisory committee. The governing body then may terminate or
12 modify the agricultural area.
13 Section 11. Limitation on local regulations.
14 (a) General rule.--Every municipality or political
15 subdivision [creating] within which an agricultural area is
16 created shall encourage the continuity, development and
17 viability of agriculture within such an area by not enacting
18 local laws or ordinances [within such an area in a manner] which
19 would unreasonably restrict farm structures or farm practices
20 within the area in contravention of the purposes of this act
21 unless such restrictions or regulations bear a direct
22 relationship to the public health or safety.
23 (b) Public nuisance.--Any municipal or political subdivision
24 law or ordinance defining or prohibiting a public nuisance shall
25 exclude from the definition of such nuisance any agricultural
26 activity or operation conducted using normal farming operations
27 within an agricultural area as permitted by this act if such
28 agricultural activity or operation does not bear a direct
29 relationship to the public health and safety.
30 Section 13. Limitation on [exercise of eminent domain] certain
19870S0156B1362 - 16 -
1 governmental actions.
2 (a) Approval required for condemnation and for certain other
3 actions by an agency of the Commonwealth.--No agency of the
4 Commonwealth having or exercising powers of eminent domain shall
5 condemn for any purpose any land within any agricultural area
6 which land is being used for productive agricultural purposes
7 (not including the growing of timber) unless prior approval has
8 been obtained in accordance with the criteria and procedures
9 established in this section from the Agricultural Lands
10 Condemnation Approval Board as established in section 306 of the
11 act of April 9, 1929 (P.L.177, No.175), known as "The
12 Administrative Code of 1929." The condemnation approval
13 specified by this subsection shall not be required for an
14 underground public utility facility or for any facility of an
15 electric cooperative corporation or for any public utility
16 facility the necessity for and the propriety and environmental
17 effects of which has been reviewed and ratified or approved by
18 the Pennsylvania Public Utility Commission or the Federal Energy
19 Regulatory Commission. In addition, all State-funded development
20 projects which might affect land in established agricultural
21 areas shall be reviewed by the appropriate local advisory
22 committee and by the Agricultural Lands Condemnation Approval
23 Board. Each reviewing body may suggest any modification to the
24 State-funded development projects which ensures the integrity of
25 the agricultural areas against nonfarm encroachment.
26 (b) Approval required for condemnation by a political
27 subdivision, authority, public utility or other body.--No
28 political subdivision, authority, public utility or other body
29 having or exercising powers of eminent domain shall condemn any
30 land within any agricultural area for any purpose, unless prior
19870S0156B1362 - 17 -
1 approval has been obtained from Agricultural Lands Condemnation
2 Approval Board and from each of the following bodies: the
3 governing bodies of the [municipalities] local government units
4 encompassing the agricultural area, the county [commissioners]
5 governing body, and the Agricultural Area Advisory Committee.
6 Review by the [board] Agricultural Lands Condemnation Approval
7 Board and the other indicated bodies shall be in accordance with
8 the criteria and procedures established in this section. The
9 condemnation approvals specified by this subsection shall not be
10 required for an underground public utility facility or for any
11 facility of an electric cooperative corporation or for any
12 public utility facility the necessity for and the propriety and
13 environmental effects of which has been reviewed and ratified or
14 approved by the Pennsylvania Public Utility Commission or the
15 Federal Energy Regulatory Commission, regardless of whether the
16 right to establish and maintain such underground or other public
17 utility facility is obtained by condemnation, or by agreement
18 with the owner.
19 (c) Notice.--Any condemnor wishing to condemn property the
20 approval for which is required under this section shall at least
21 30 days prior to taking such action notify each of the foregoing
22 bodies that such action is contemplated, and no such
23 condemnation shall be effective until 60 days following the
24 receipt of such notice.
25 (d) Review by Agricultural Lands Condemnation Approval Board
26 and other bodies.--
27 (1) Upon receipt of such notice the [board provided for
28 in subsection (a)] Agricultural Lands Condemnation Approval
29 Board or the bodies provided for in subsection (b) jointly or
30 separately shall review the proposed condemnation in
19870S0156B1362 - 18 -
1 accordance with the applicable criteria established in
2 paragraph (2).
3 (2) (i) In the case of condemnation for highway
4 purposes (but not including activities relating to
5 existing highways such as, but not limited to, widening
6 roadways, the elimination of curves or reconstruction,
7 for which no approval is required) and in the case of
8 condemnation for the disposal of solid or liquid waste
9 material, the [board] Agricultural Lands Condemnation
10 Approval Board or other appropriate reviewing body shall
11 approve the proposed condemnation only if it determines
12 there is no reasonable and prudent alternative to the
13 utilization of the land within the agricultural area for
14 the project.
15 (ii) In all other cases not otherwise specifically
16 provided for, the [board] Agricultural Lands Condemnation
17 Approval Board or other appropriate reviewing body shall
18 approve the proposed condemnation only if it determines
19 that:
20 (A) the proposed condemnation would not have an
21 unreasonably adverse affect upon the preservation and
22 enhancement of agriculture or municipal resources
23 within the area or upon the environmental and
24 comprehensive plans of the county, municipality and
25 the Commonwealth, or upon the goals, resource plans,
26 policies or objectives thereof; or
27 (B) there is no reasonable and prudent
28 alternative to the utilization of the lands within
29 the agricultural area for the project.
30 (e) Public hearings.--Within such 60-day period the
19870S0156B1362 - 19 -
1 Agricultural Lands Condemnation Board and other indicated
2 bodies, as appropriate, shall hold a public hearing concerning
3 the proposed condemnation at a place within or otherwise readily
4 accessible to the area. Timely notice of such hearing shall be
5 placed in a newspaper having a general circulation within the
6 area and a written notice shall be posted at five conspicuous
7 places within or adjacent to the area. Individual written notice
8 shall also be given to all [municipalities] local government
9 units encompassing all or part of the area, to the proposed
10 condemnor, and to the owners of the land proposed to be
11 condemned.
12 (f) Findings and decisions.--The Agricultural Lands
13 Condemnation Approval Board and other indicated bodies, as
14 appropriate, shall render findings and decisions on or before
15 the expiration of such 60-day period and likewise within such
16 period shall report the same to the proposed condemnor, the
17 [municipalities] local government units affected and any party
18 who [shall file] files an appearance at such hearing. If the
19 [board] Agricultural Lands Condemnation Board or any other
20 indicated body fails to act within the 60-day period, the
21 condemnation shall be deemed approved.
22 (g) Injunctions.--The Agricultural Lands Condemnation
23 Approval Board may request the Attorney General or the bodies
24 may request their solicitor to bring an action to enjoin any
25 such condemnor from violating any of the provisions of this
26 section.
27 (h) Emergencies excepted.--This section shall not apply to
28 any emergency project which is immediately necessary for the
29 protection of life or property.
30 Section 14. [Purchase of development easement in agricultural
19870S0156B1362 - 20 -
1 areas.
2 (a) Program to purchase easements.--After the establishment
3 of an agricultural area by the governing body, the county
4 governing body may authorize a program to purchase the
5 development easements for land within an agricultural area. The
6 program shall be administered by the county planning commission
7 and a farmer member from each Agricultural Area Advisory
8 Committee within the county.
9 (b) Funds for purchases.--The county governing body may use
10 moneys from its general fund and/or incur debt to make available
11 moneys to purchase the development easements in agricultural
12 areas. The incurring of debt by the county governing body shall
13 be consistent with all present laws and procedures imposed on
14 counties for such action.
15 (c) Offers.--Agents, employees or officials of the county
16 planning commission shall be responsible to make such offers and
17 to enter into such negotiations as are necessary with any owner
18 of lands in an agricultural area, in order to purchase any
19 development easements. Nothing in this act shall be construed as
20 to require any owner of land in an agricultural area to sell or
21 transfer any development easements thereto. An owner may reject
22 any offer by any official of the county planning commission to
23 purchase any development easements. The price for the purchase
24 of development easements shall be mutually agreed to by the
25 owner of the land affected and the county governing body. All
26 such contracts for purchase shall be in writing.
27 (d) Sale of land.--A county governing body may sell any of
28 its acquired development easements as those easements are
29 defined under this act: Provided, That the local governing body,
30 which has jurisdiction over the effected land, approves the sale
19870S0156B1362 - 21 -
1 by a majority vote of its members: And, further provided, That
2 the present owner of the land affected has refused to purchase
3 such development easement.]
4 Purchase of agricultural conservation easements.
5 (a) Agricultural Conservation Board.--There is established
6 in the Department of Agriculture of the Commonwealth the
7 Agricultural Conservation Board. The board shall have authority
8 to administer a program for purchasing agricultural conservation
9 easements from landowners whose land is within agricultural
10 areas.
11 (1) The board shall consist of 17 members, of which the
12 composition and terms shall be in accordance with the
13 following:
14 (i) There shall be nine ex officio members of the
15 board: the Secretary of Agriculture, who shall serve as
16 the board's chairman; the Secretary of Community Affairs;
17 the Secretary of Environmental Resources; the Chairman
18 and the Minority Chairman of the House Agriculture and
19 Rural Affairs Committee, or their designees; the Chairman
20 and the Minority Chairman of the Senate Agriculture and
21 Rural Affairs Committee, or their designees; the Dean of
22 the College of Agriculture of the Pennsylvania State
23 University and the Chairman of the State Planning Board.
24 (ii) One member each shall be appointed by the
25 Speaker of the House, the House Minority Leader, the
26 President pro tempore of the Senate and the Senate
27 Minority Leader, who shall, at the time of appointment,
28 be an owner and operator of at least one commercial farm
29 in this Commonwealth. The term of the initial appointee
30 of the President pro tempore shall be four years, the
19870S0156B1362 - 22 -
1 term of the initial appointee of the Speaker of the House
2 of Representatives shall be three years, the term of the
3 initial appointee of the Senate Minority Leader shall be
4 two years and the term of the initial appointee of the
5 House Minority Leader shall be one year. Thereafter, the
6 terms of those appointed herein shall be four years,
7 except that the term of a person appointed to replace
8 another member whose term has not expired shall be only
9 the unexpired portion of that term. Members may be
10 reappointed to successive years.
11 (iii) Four members shall be appointed by the
12 Governor. One member shall be a current member of the
13 governing body of a county, one shall be a current member
14 of the governing body of the local governing unit, one
15 shall be a person who is recognized as having significant
16 knowledge in agricultural fiscal and financial matters
17 and one shall be a residential building contractor.
18 Initially, one member shall be appointed for a term of
19 one year, one member shall be appointed for a term of two
20 years and two members shall be appointed for a term of
21 three years, and thereafter, the terms of all members
22 appointed herein shall be three years, except that the
23 term for a person appointed to replace another member
24 whose term has not expired shall be only the unexpired
25 portion of that term. Members may be reappointed to
26 successive terms.
27 (iv) Nine members shall constitute a quorum for
28 purposes of conducting meetings and official actions
29 pursuant to authority given to the board under this act.
30 (2) The board shall have the following powers:
19870S0156B1362 - 23 -
1 (i) To adopt rules and regulations for the
2 administration of the Statewide program for purchasing
3 agricultural conservation easements.
4 (ii) To certify programs adopted by county governing
5 bodies for purchasing agricultural conservation
6 easements, in accordance with the criteria set forth in
7 subsection (b), and to withdraw certification, after
8 affording the county governing body notice and an
9 opportunity for a hearing, if such county programs fail
10 to meet the criteria.
11 (iii) To distribute State funds among counties for
12 the purchase of agricultural conservation easements, in
13 accordance with the criteria set forth in subsection (d).
14 (iv) To use the appropriated funds to hire staff to
15 administer the program on a day-to-day basis.
16 (v) To maintain a central repository of records of
17 county programs for purchasing agricultural conservation
18 easements and of farm lands subject to these easements.
19 (vi) To exercise other discretionary powers as may
20 be necessary and appropriate to carry out the functions
21 of the Statewide program for purchasing agricultural
22 conservation easements.
23 (b) County programs.--After the establishment of an
24 agricultural area by the governing body, the county governing
25 body may authorize a program for purchasing agricultural
26 conservation easements from landowners whose land is within an
27 agricultural area. The program shall be administered by a county
28 agricultural conservation board.
29 (1) The county agricultural conservation board shall be
30 composed of five, seven or nine members appointed by the
19870S0156B1362 - 24 -
1 county governing body, with the exception of the chairman who
2 shall be appointed by the chairman of the county governing
3 body. Its members shall be appointed from among the following
4 groups: the number of farmers shall constitute one less than
5 a majority of the board, one member shall be a current member
6 of the governing body of a township or borough located within
7 the county, and the other members shall be selected at the
8 pleasure of the county governing body. The term of all
9 members shall be three years, except for the chairman, who
10 shall be appointed annually.
11 (2) The county board shall have the following powers:
12 (i) To adopt rules and regulations for administering
13 a countywide program for purchasing agricultural
14 conservation easements in accordance with the provisions
15 of this act. This includes, but is not limited to, rules
16 and regulations for the submission of applications by
17 landowners, for appraisal of property in accordance with
18 standards and procedures adopted by the board and for
19 selection of parcels of farm land on which agricultural
20 conservation easements are to be purchased.
21 (ii) To purchase agricultural conservation easements
22 on farm lands within agricultural areas. If State funds
23 are used for this purpose, the county program must be
24 certified by the board.
25 (iii) To use moneys approved by the county governing
26 body from the county general fund to hire staff and
27 administer the program.
28 (iv) To use moneys distributed by the board and to
29 use moneys approved by the county governing body from the
30 county general fund or moneys resulting from the
19870S0156B1362 - 25 -
1 incurrence of debt approved by the county governing body
2 for the purchase of agricultural conservation easements.
3 A county may not incur a greater debt than the lesser of
4 $100,000 or an amount equal to 20% of the total aggregate
5 moneys appropriated from the county general fund for
6 purchase of agricultural conservation easements.
7 (v) To maintain a repository of records of land on
8 which agricultural conservation easements have been
9 purchased.
10 (vi) To exercise other discretionary powers which
11 are delegated by the county governing body or which are
12 necessary and appropriate to further the countywide
13 program for purchasing agricultural conservation
14 easements.
15 (3) If a county wishes to use State funds for purchasing
16 agricultural conservation easements, the countywide program
17 for such purchases shall be certified by the board and must
18 continually maintain qualification for certification by
19 meeting the following criteria:
20 (i) Agricultural conservation easements shall only
21 be purchased in perpetuity or for a term of not less than
22 25 years.
23 (ii) A county shall not sell, convey, extinguish,
24 lease, encumber or perform any other act which may
25 restrict or lessen the rights acquired by the county
26 resulting from a purchase of an agricultural conservation
27 easement for a period of at least 25 years from the date
28 of easement purchase. Thereafter, a county may only do so
29 upon approval by the board, after offering convincing
30 evidence to the board that the land subject to the
19870S0156B1362 - 26 -
1 easement is no longer viable for agricultural production.
2 (iii) The price paid for purchase of a perpetual
3 easement shall not be greater than the current fair
4 market value of the easement as determined by appraisal
5 in accordance with the standards and procedures adopted
6 by the board.
7 (iv) The price paid for purchase of an easement for
8 a term of years shall not be greater than one-tenth of
9 the fair market value of a perpetual easement purchase.
10 (v) The content of instruments to be executed
11 pursuant to county purchases of easements shall be
12 approved by the board in consultation with the Attorney
13 General.
14 (vi) In determining priorities for the purchase of
15 agricultural conservation easements from landowners, the
16 county board shall use objective standards and fair
17 procedures, which shall include, but not be limited to,
18 the following:
19 (A) Consideration of the quality of the farm
20 lands, including soil classifications and
21 productivity.
22 (B) Consideration of the likelihood that, unless
23 an agricultural conservation easement is purchased,
24 the farm lands would be converted to nonagricultural
25 use. Farm lands most likely to be converted will tend
26 to have priority over farm lands that are less likely
27 to be converted. For purposes of considering the
28 likelihood of conversion, the existence of a zoning
29 classification of the land shall not be relevant, but
30 the market for nonfarm use or development of farm
19870S0156B1362 - 27 -
1 lands shall be relevant.
2 (C) The economic circumstances of individual
3 farm-land owners, but only if the landowner has made
4 an application for an emergency purchase of an
5 agricultural conservation easement under this
6 section. In other cases, economic and other
7 circumstances of the landowner shall not be
8 considered.
9 (vii) The county board shall set aside a minimum of
10 5% and a maximum of 10% of the total moneys received from
11 State and county sources during each funding cycle
12 provided in subsection (d) of this section. Such funds
13 set aside shall be utilized for emergency purchases of
14 agricultural conservation easements. Where the amount set
15 aside for emergency purchases during a funding cycle
16 exceeds the amount expended for such purchases, the
17 county board may utilize such excess in the next funding
18 cycle for nonemergency, as well as emergency,
19 agricultural easement purchases. In determining whether
20 an easement purchase is an emergency purchase and
21 determining priorities for emergency purchases, the
22 county board shall conform to the following:
23 (A) Emergency applications or offers to sell
24 agricultural conservation easements may be accepted
25 by the county only if the land is owned by an estate
26 under settlement; if the landowner or other farm
27 operator has become incapacitated so that he is
28 unable to continue an active role in managing the
29 operation; if the landowner has entered into a
30 contract for the sale of the land to a private,
19870S0156B1362 - 28 -
1 nonprofit land conservation organization whose
2 purpose is to keep farm lands in agricultural use; or
3 if the landowner can demonstrate serious financial
4 hardship that is likely to cause the farming
5 operation on the land to cease.
6 (B) Consideration of emergency applications or
7 offers by the county board shall be accomplished as
8 soon as possible after an application or offer is
9 received, so that emergency purchases of easements
10 may be expedited and need not await consideration of
11 other applications and offers.
12 (4) Any county program for the purchase of agricultural
13 conservation easements or their functional equivalent, which
14 was authorized by the county governing body and has resulted
15 in the actual purchase of such easements prior to the
16 effective date of this act, shall be certified by the board
17 under subsection (a)(2)(ii), provided that it satisfies the
18 criteria of paragraph(3). In addition to the powers
19 enumerated in paragraph (2), such counties shall have the
20 authority to use State funds to purchase agricultural
21 conservation easements on agricultural lands designated for
22 open space use under section 3 of the act of January 19, 1968
23 (1967 P.L.992, No.442), entitled "An act authorizing the
24 Commonwealth of Pennsylvania and the counties thereof to
25 preserve, acquire or hold land for open space uses," prior to
26 the effective date of this act, if such agricultural lands
27 satisfy the criteria of section 7(a) of this act.
28 (c) Payment of easement purchases.--The agreed-upon purchase
29 price for agricultural conservation easements may be paid by a
30 lump sum of cash, installments over a period of years, or by any
19870S0156B1362 - 29 -
1 other lawful method of payment. However, the county board shall
2 prescribe the method or methods of payment prior to
3 certification by the board. Where payment is to be made in
4 installments or another deferred method, the person selling the
5 easement may receive, in addition to the selling price, interest
6 or other compensation relating to the deferral of payment at an
7 amount or rate agreed to. Final payment shall not be later than
8 five years from the date the easement purchase agreement was
9 executed.
10 (d) Distribution of State funds.--The board shall adopt
11 rules and regulations for the distribution of State funds that
12 are appropriated by the General Assembly for the Statewide
13 purchase of agricultural conservation easements, in accordance
14 with the following criteria:
15 (1) The total amount of State funds made available for
16 the fiscal year shall be divided in half by the board, with
17 50% being disbursed to counties for use during an initial
18 funding cycle of six months, and 50% being disbursed to
19 counties for use during a subsequent funding cycle of six
20 months. Disbursements shall only be made to counties whose
21 programs for purchasing agricultural easements have been
22 certified by the board. Amounts not expended by the counties
23 during the initial funding cycle of the State fiscal year may
24 be retained by the counties for expenditure during the
25 subsequent funding cycle. However, with the exception of
26 moneys set aside for emergency purchase of agricultural
27 easements as provided in subsection (b), any annual funds not
28 expended by the counties at the end of the State fiscal year
29 in which they were made available shall be returned to the
30 board. The board shall deposit them in an account for
19870S0156B1362 - 30 -
1 disbursement during the subsequent State fiscal year as part
2 of the total amount of funds available.
3 (2) In each semiannual funding cycle, the board shall
4 disburse the funds to counties in accordance with the
5 following formula:
6 (i) Fifty percent of the funds available during the
7 funding cycle shall be distributed among all counties,
8 except counties of the first class, in proportion to the
9 percentage that the total annual realty transfer tax
10 revenues collected in a county during the preceding State
11 fiscal year bear to the total annual realty transfer tax
12 revenues collected Statewide, with the exception of
13 revenues of counties of the first class, during the
14 fiscal year. In calculating the percentage of each
15 county's annual realty transfer tax revenue, the amount
16 of the revenue collected in a county in excess of the
17 average amount of the revenues collected in all counties,
18 except in counties of the first class, shall not be
19 considered. There shall be no requirement that the
20 counties contribute county or other local funds toward
21 part of the purchase price of the easements.
22 (ii) Fifty percent of the funds available during the
23 funding cycle shall be distributed only among those
24 counties that have certified to the board an amount of
25 county or local funds that have been made available for
26 matching the State purchase funds made available under
27 this subsection. Counties whose annual agricultural
28 production, measured by the dollar volume of sales of
29 agricultural products in the county according to the
30 latest Census of Agriculture, equals or exceeds 2% of the
19870S0156B1362 - 31 -
1 total annual agricultural production in this Commonwealth
2 during the same year shall be required to make available
3 $1 for every $8 the Commonwealth contributes under this
4 subsection for the purpose of easement purchases. Other
5 counties eligible under this section shall be required to
6 make available $1 for every $4 the Commonwealth
7 contributes. The State funds available under this
8 subsection shall be distributed among eligible counties
9 in amounts equal to the funds made available by each
10 county, multiplied by eight or four, as appropriate. If
11 the total State funds available under this subsection
12 during the funding cycle are not sufficient to match the
13 total available county funds during that cycle, then the
14 State funds shall be distributed pro rata among eligible
15 counties in proportion to the percentage that the funds
16 made available by each county, multiplied by eight or
17 four, as appropriate, bears to the total that all
18 eligible counties would be entitled to by applying this
19 formula.
20 Section 2. The act is amended by adding a section to read:
21 Section 14.1. Agricultural Conservation Easement Purchase Fund.
22 There is hereby created a restricted account known as the
23 Agricultural Conservation Easement Purchase Fund. The moneys
24 appropriated in this restricted account shall be utilized in
25 accordance with the expenditures and distribution authorized,
26 required or otherwise provided in the program for purchase of
27 agricultural conservation easements contained in section 14.
28 Section 3. The sum of $25,000,000 is hereby appropriated to
29 the Agricultural Conservation Easement Purchase Fund to carry
30 out the purposes of this act. This shall be a continuing
19870S0156B1362 - 32 -
1 appropriation.
2 Section 4. This act shall take effect in 60 days.
3 SECTION 1. SECTIONS 1 AND 2 OF THE ACT OF JULY 13, 1987 <--
4 (P.L.299, NO.54), ENTITLED "AN ACT AUTHORIZING THE INCURRING OF
5 INDEBTEDNESS, WITH APPROVAL OF THE ELECTORS, OF $100,000,000 FOR
6 THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR THE
7 PRESERVATION OF AGRICULTURAL LAND," ARE AMENDED TO READ:
8 SECTION 1. QUESTION.
9 THE QUESTION OF INCURRING INDEBTEDNESS OF $100,000,000 [FOR
10 LOANS] FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
11 FOR THE PRESERVATION OF AGRICULTURAL LAND SHALL BE SUBMITTED TO
12 THE ELECTORS AT THE NEXT PRIMARY, MUNICIPAL OR GENERAL ELECTION
13 FOLLOWING ENACTMENT OF THIS ACT.
14 SECTION 2. CERTIFICATION.
15 THE SECRETARY OF THE COMMONWEALTH SHALL CERTIFY THE FORM OF
16 THE QUESTION UNDER SECTION [1] 3 TO THE COUNTY BOARDS OF
17 ELECTIONS.
18 SECTION 2. THIS ACT SHALL BE RETROACTIVE TO JULY 13, 1987.
19 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
L9L03CHF/19870S0156B1362 - 33 -