* * *
(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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