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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROSS, BARRAR, BOYD, CALTAGIRONE, CARROLL, CLYMER, D. COSTA, DENLINGER, EVERETT, FLECK, GEIST, GINGRICH, GOODMAN, GROVE, HESS, KORTZ, LONGIETTI, MANN, MARSHALL, MICOZZIE, MILLER, MILNE, MOUL, O'NEILL, REICHLEY, SCAVELLO, SCHRODER, STERN, SWANGER AND WATSON, FEBRUARY 15, 2011 |
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| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 15, 2011 |
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| AN ACT |
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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 the purchase of agricultural conservation |
4 | easements. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 14.1(c) and (i) of the act of June 30, |
8 | 1981 (P.L.128, No.43), known as the Agricultural Area Security |
9 | Law, amended November 23, 1994 (P.L.621, No.96), December 21, |
10 | 1998 (P.L.1056, No.138) and November 1, 2005 (P.L.323, No.61), |
11 | are amended and the section is amended by adding a subsection to |
12 | read: |
13 | Section 14.1. Purchase of agricultural conservation easements. |
14 | * * * |
15 | (c) Restrictions and limitations.--An agricultural |
16 | conservation easement shall be subject to the following terms, |
17 | conditions, restrictions and limitations: |
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1 | (1) The term of an agricultural conservation easement |
2 | shall be perpetual. |
3 | (2) Unless otherwise authorized in accordance with |
4 | subsection (i), an agricultural conservation easement shall |
5 | not be sold, conveyed, extinguished, leased, encumbered or |
6 | restricted in whole or in part for a period of 25 years |
7 | beginning on the date of purchase of the easement. |
8 | (3) Unless otherwise authorized in accordance with |
9 | subsection (i), if the land subject to the agricultural |
10 | conservation easement is no longer viable agricultural land, |
11 | the Commonwealth, subject to the approval of the State board, |
12 | and the county, subject to the approval of the county board, |
13 | may sell, convey, extinguish, lease, encumber or restrict an |
14 | agricultural conservation easement to the current owner of |
15 | record of the farmland subject to the easement after the |
16 | expiration of 25 years from the date of purchase of the |
17 | easement for a purchase price equal to the value at the time |
18 | of resale determined pursuant to subsection (f) at the time |
19 | of conveyance. A conveyance by the Commonwealth pursuant to |
20 | this subsection shall not be subject to the requirements of |
21 | Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175), |
22 | known as "The Administrative Code of 1929." The purchase |
23 | price shall be payable to the Commonwealth and the county as |
24 | their respective legal interests in the agricultural |
25 | conservation easement appear, and a separate payment shall be |
26 | made to the Commonwealth and the county accordingly at the |
27 | time of settlement. Any payment received by the Commonwealth |
28 | pursuant to this provision shall be paid into the fund. |
29 | (4) Instruments and documents for the purchase, sale and |
30 | conveyance of agricultural conservation easements shall be |
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1 | approved by the State board or the county board, as the case |
2 | may be, prior to execution and delivery. Proper releases from |
3 | mortgage holders and lienholders must be obtained and |
4 | executed to insure that all agricultural conservation |
5 | easements are purchased free and clear of all encumbrances. |
6 | (5) Whenever any public entity, authority or political |
7 | subdivision exercises the power of eminent domain and |
8 | condemns land subject to an agricultural conservation |
9 | easement, the condemnor shall provide just compensation to |
10 | the owner of the land in fee and to the owner of the easement |
11 | as follows: |
12 | (i) The owner of the land in fee shall be paid the |
13 | full value which would have been payable to the owner but |
14 | for the existence of an agricultural conservation |
15 | easement less the value of the agricultural conservation |
16 | easement at the time of condemnation. |
17 | (ii) The owner of the easement shall be paid the |
18 | value of the easement at the time of condemnation. |
19 | (iii) For easements owned jointly by the |
20 | Commonwealth and an eligible county, if the eligible |
21 | county commits its share of funds received under this |
22 | paragraph toward the purchase of agricultural |
23 | conservation easements, the condemnor shall provide the |
24 | Commonwealth's share of funds to the eligible county for |
25 | use in purchasing agricultural conservation easements in |
26 | accordance with this act. |
27 | (iv) For easements owned by the Commonwealth, the |
28 | condemnor shall provide the Commonwealth's share of funds |
29 | received under this paragraph to the eligible county for |
30 | use in purchasing agricultural conservation easements in |
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1 | accordance with this act. |
2 | (v) Funds received by an eligible county under this |
3 | paragraph shall not be considered matching funds under |
4 | subsection (h). |
5 | (vi) If an eligible county which receives funds |
6 | under this paragraph fails to spend the Commonwealth's |
7 | share of funds within two years of receipt of the funds, |
8 | the eligible county shall pay the Commonwealth the |
9 | Commonwealth's share of funds received under this |
10 | paragraph plus 6% simple interest. These funds shall be |
11 | deposited into the Agricultural Conservation Easement |
12 | Purchase Fund. |
13 | (6) An agricultural conservation easement shall not |
14 | prevent: |
15 | (i) The granting of leases, assignments or other |
16 | conveyances or the issuing of permits, licenses or other |
17 | authorization for the exploration, development, storage |
18 | or removal of coal by underground mining methods, oil and |
19 | gas by the owner of the subject land or the owner of the |
20 | underlying coal by underground mining methods, oil and |
21 | gas or the owner of the rights to develop the underlying |
22 | coal by underground mining methods, oil and gas, or the |
23 | development of appurtenant facilities related to the |
24 | removal of coal by underground mining methods, oil or gas |
25 | development or activities incident to the removal or |
26 | development of such minerals. |
27 | (ii) The granting of rights-of-way by the owner of |
28 | the subject land in and through the land for trails for |
29 | nonmotorized use, in accordance with paragraphs (9) and |
30 | (10) or for the installation of, transportation of, or |
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1 | use of water, sewage, electric, telephone, coal by |
2 | underground mining methods, gas, oil or oil products |
3 | lines. |
4 | (iii) Construction and use of structures on the |
5 | subject land necessary for agricultural production or a |
6 | commercial equine activity. |
7 | (iv) Construction and use of structures on the |
8 | subject land for the landowner's principal residence or |
9 | for the purpose of providing necessary housing for |
10 | seasonal or full-time employees: Provided, That only one |
11 | such structure may be constructed on no more than two |
12 | acres of the subject land during the term of the |
13 | agricultural conservation easement[.]: and Provided |
14 | further, That the owner of the land subject to the |
15 | agricultural conservation easement may relinquish and |
16 | extinguish the right of construction and use of |
17 | structures conferred by this clause by recording, in the |
18 | office for the recording of deeds in the county in which |
19 | the land subject to the agricultural conservation |
20 | easement is located, an affidavit evidencing the intent |
21 | to relinquish and extinguish. |
22 | (v) Customary part-time or off-season minor or rural |
23 | enterprises and activities which are provided for in the |
24 | county Agricultural Conservation Easement Purchase |
25 | Program approved by the State board under subsection (d). |
26 | (vi) Commercial equine activity on the subject land. |
27 | (7) Land subject to an agricultural conservation |
28 | easement shall not be subdivided for any purpose which may |
29 | harm the economic viability of the farmland for agricultural |
30 | production. Land may be subdivided prior to the granting of |
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1 | an agricultural conservation easement, provided that |
2 | subdividing will not harm the economic viability for |
3 | agricultural production of the land subject to the easement. |
4 | (8) Nothing in this act shall prohibit a member of the |
5 | State board or county board or his or her family from selling |
6 | a conservation easement under this program, provided that all |
7 | decisions made regarding easement purchases be subject to the |
8 | provisions of section 3(j) of the act of October 4, 1978 |
9 | (P.L.883, No.170), referred to as the Public Official and |
10 | Employee Ethics Law. |
11 | (9) The owner of the land subject to an agricultural |
12 | conservation easement may permit or authorize the use of a |
13 | portion of the subject land for a trail under the following |
14 | conditions: |
15 | (i) the portion of land does not exceed 20 feet in |
16 | width; |
17 | (ii) the portion of land is used as a trail for |
18 | nonmotorized passive recreational use; |
19 | (iii) the portion of land is available to the public |
20 | for use without charge; and |
21 | (iv) the use of the portion of land as a trail does |
22 | not convert land which is devoted primarily to |
23 | agricultural production or commercial equine activity. |
24 | (10) If the owner of land subject to an agricultural |
25 | conservation easement permits or authorizes the use of a |
26 | portion of the subject land for a trail under paragraph (9), |
27 | the owner may enter into an agreement with a local government |
28 | unit or an eligible nonprofit entity permitting or |
29 | authorizing its use of the portion of land as a trail. The |
30 | agreement shall be recorded with the county recorder of |
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1 | deeds. |
2 | * * * |
3 | (i) Subdivision of land after easement purchase.-- |
4 | (1) Each county program shall specify the conditions |
5 | under which the subdivision of land subject to an |
6 | agricultural conservation easement may be permitted. In no |
7 | case, however, shall a county program permit a subdivision |
8 | which will: |
9 | (i) harm the economic viability of the farmland for |
10 | agricultural production; or |
11 | (ii) convert land which has been devoted primarily |
12 | to agricultural use to another primary use, except that a |
13 | county program may permit one subdivision for the purpose |
14 | of the construction of a principal residence for the |
15 | landowner or an immediate family member, subject to this |
16 | right being relinquished and extinguished in accordance |
17 | with subsection (c)(6)(iv). |
18 | (2) The county board may agree to permit a parcel of |
19 | land subject to an agricultural conservation easement to be |
20 | subdivided after the granting of such easement as follows: |
21 | (i) The landowner of record may submit an |
22 | application, in such form and manner as the county board |
23 | may prescribe, to the county board requesting that a |
24 | parcel of the land subject to an easement be subdivided. |
25 | Upon receipt of the application, the county board shall |
26 | cause to be forwarded written notification thereof to the |
27 | county zoning office, county planning office and county |
28 | farmland preservation office, herein referred to as the |
29 | reviewing agencies. Each reviewing agency shall have 60 |
30 | days from receipt of such notification to review, comment |
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1 | and make recommendations on the proposed application to |
2 | the county board. |
3 | (ii) After reviewing the application and the |
4 | comments and recommendations submitted by the reviewing |
5 | agencies, the county board shall approve or reject the |
6 | application to subdivide within 120 days after the date |
7 | of its filing unless the time is extended by mutual |
8 | agreement of the landowner and reviewing agencies. |
9 | (iii) If the application to subdivide land is |
10 | approved by the county board, a copy of the application, |
11 | along with the comments and recommendations of the |
12 | reviewing agencies, shall be forwarded to the State board |
13 | for review and approval or disapproval. When reviewing an |
14 | application to subdivide land subject to an agricultural |
15 | conservation easement, the State board shall consider |
16 | only whether the application complies with the conditions |
17 | under which subdivisions are permitted by the approved |
18 | county program. The State board shall notify the county |
19 | board of its decision regarding the application. |
20 | (iv) If the application to subdivide is rejected by |
21 | the county board, the application shall be returned to |
22 | the landowner with a written statement of the reasons for |
23 | such rejection. Within 30 days after the receipt of the |
24 | statement of rejection, the landowner may appeal the |
25 | rejection in accordance with 2 Pa.C.S. Ch. 5 Subch. B |
26 | (relating to practice and procedure of local agencies) |
27 | and Ch. 7 Subch. B (relating to judicial review of local |
28 | agency action). |
29 | * * * |
30 | (l) Ordinances.--Notwithstanding the provisions of the act |
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1 | of July 31, 1968 (P.L.805, No.247), known as the "Pennsylvania |
2 | Municipalities Planning Code," or any other provision of law, an |
3 | ordinance may not authorize the transfer of development rights |
4 | from land subject to an agricultural conservation easement. |
5 | Ordinances that have created transferable development rights |
6 | shall be deemed amended consistent with this subsection. |
7 | Section 2. This act shall take effect in 60 days. |
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