Bill Text: PA HB681 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Further providing for the purchase of agricultural conservation easements.

Spectrum: Moderate Partisan Bill (Republican 23-7)

Status: (Introduced - Dead) 2011-02-15 - Referred to AGRICULTURE AND RURAL AFFAIRS [HB681 Detail]

Download: Pennsylvania-2011-HB681-Introduced.html

---

PRINTER'S NO. 686
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 681 Session of2011
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
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 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 the purchase of agricultural conservation
easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14.1(c) and (i) of the act of June 30,
1981 (P.L.128, No.43), known as the Agricultural Area Security
Law, amended November 23, 1994 (P.L.621, No.96), December 21,
1998 (P.L.1056, No.138) and November 1, 2005 (P.L.323, No.61),
are amended and the section is amended by adding a subsection 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:
(1) The term of an agricultural conservation easement
shall be perpetual.
(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.
(4) Instruments and documents for the purchase, sale and
conveyance of agricultural conservation easements shall be
20110HB0681PN0686 - 2 -
approved by the State board or the county board, as the case
may be, prior to execution and delivery. Proper releases from
mortgage holders and lienholders must be obtained and
executed to insure that all agricultural conservation
easements are purchased free and clear of all encumbrances.
(5) Whenever any public entity, authority or political
subdivision exercises the power of eminent domain and
condemns land subject to an agricultural conservation
easement, the condemnor shall provide just compensation to
the owner of the land in fee and to the owner of the easement
as follows:
(i) The owner of the land in fee shall be paid the
full value which would have been payable to the owner but
for the existence of an agricultural conservation
easement less the value of the agricultural conservation
easement at the time of condemnation.
(ii) The owner of the easement shall be paid the
value of the easement at the time of condemnation.
(iii) For easements owned jointly by the
Commonwealth and an eligible county, if the eligible
county commits its share of funds received under this
paragraph toward the purchase of agricultural
conservation easements, the condemnor shall provide the
Commonwealth's share of funds to the eligible county for
use in purchasing agricultural conservation easements in
accordance with this act.
(iv) For easements owned by the Commonwealth, the
condemnor shall provide the Commonwealth's share of funds
received under this paragraph to the eligible county for
use in purchasing agricultural conservation easements in
20110HB0681PN0686 - 3 -
accordance with this act.
(v) Funds received by an eligible county under this
paragraph shall not be considered matching funds under
subsection (h).
(vi) If an eligible county which receives funds
under this paragraph fails to spend the Commonwealth's
share of funds within two years of receipt of the funds,
the eligible county shall pay the Commonwealth the
Commonwealth's share of funds received under this
paragraph plus 6% simple interest. These funds shall be
deposited into the Agricultural Conservation Easement
Purchase Fund.
(6) An agricultural conservation easement shall not
prevent:
(i) The granting of leases, assignments or other
conveyances or the issuing of permits, licenses or other
authorization for the exploration, development, storage
or removal of coal by underground mining methods, oil and
gas by the owner of the subject land or the owner of the
underlying coal by underground mining methods, oil and
gas or the owner of the rights to develop the underlying
coal by underground mining methods, oil and gas, or the
development of appurtenant facilities related to the
removal of coal by underground mining methods, oil or gas
development or activities incident to the removal or
development of such minerals.
(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
20110HB0681PN0686 - 4 -
use of water, sewage, electric, telephone, coal by
underground mining methods, gas, oil or oil products
lines.
(iii) Construction and use of structures on the
subject land necessary for agricultural production or a
commercial equine activity.
(iv) Construction and use of structures on the
subject land for the landowner's principal residence or
for the purpose of providing necessary housing for
seasonal or full-time employees: Provided, That only one
such structure may be constructed on no more than two
acres of the subject land during the term of the
agricultural conservation easement[.]: and Provided
further, That the owner of the land subject to the
agricultural conservation easement may relinquish and
extinguish the right of construction and use of
structures conferred by this clause by recording, in the
office for the recording of deeds in the county in which
the land subject to the agricultural conservation
easement is located, an affidavit evidencing the intent
to relinquish and extinguish.
(v) Customary part-time or off-season minor or rural
enterprises and activities which are provided for in the
county Agricultural Conservation Easement Purchase
Program approved by the State board under subsection (d).
(vi) Commercial equine activity on the subject land.
(7) Land subject to an agricultural conservation
easement shall not be subdivided for any purpose which may
harm the economic viability of the farmland for agricultural
production. Land may be subdivided prior to the granting of
20110HB0681PN0686 - 5 -
an agricultural conservation easement, provided that
subdividing will not harm the economic viability for
agricultural production of the land subject to the easement.
(8) Nothing in this act shall prohibit a member of the
State board or county board or his or her family from selling
a conservation easement under this program, provided that all
decisions made regarding easement purchases be subject to the
provisions of section 3(j) of the act of October 4, 1978
(P.L.883, No.170), referred to as the Public Official and
Employee Ethics Law.
(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 county recorder of
20110HB0681PN0686 - 6 -
deeds.
* * *
(i) Subdivision of land after easement purchase.--
(1) Each county program shall specify the conditions
under which the subdivision of land subject to an
agricultural conservation easement may be permitted. In no
case, however, shall a county program permit a subdivision
which will:
(i) harm the economic viability of the farmland for
agricultural production; or
(ii) convert land which has been devoted primarily
to agricultural use to another primary use, except that a
county program may permit one subdivision for the purpose
of the construction of a principal residence for the
landowner or an immediate family member, subject to this
right being relinquished and extinguished in accordance
with subsection (c)(6)(iv).
(2) The county board may agree to permit a parcel of
land subject to an agricultural conservation easement to be
subdivided after the granting of such easement as follows:
(i) The landowner of record may submit an
application, in such form and manner as the county board
may prescribe, to the county board requesting that a
parcel of the land subject to an easement be subdivided.
Upon receipt of the application, the county board shall
cause to be forwarded written notification thereof to the
county zoning office, county planning office and county
farmland preservation office, herein referred to as the
reviewing agencies. Each reviewing agency shall have 60
days from receipt of such notification to review, comment
20110HB0681PN0686 - 7 -
and make recommendations on the proposed application to
the county board.
(ii) After reviewing the application and the
comments and recommendations submitted by the reviewing
agencies, the county board shall approve or reject the
application to subdivide within 120 days after the date
of its filing unless the time is extended by mutual
agreement of the landowner and reviewing agencies.
(iii) If the application to subdivide land is
approved by the county board, a copy of the application,
along with the comments and recommendations of the
reviewing agencies, shall be forwarded to the State board
for review and approval or disapproval. When reviewing an
application to subdivide land subject to an agricultural
conservation easement, the State board shall consider
only whether the application complies with the conditions
under which subdivisions are permitted by the approved
county program. The State board shall notify the county
board of its decision regarding the application.
(iv) If the application to subdivide is rejected by
the county board, the application shall be returned to
the landowner with a written statement of the reasons for
such rejection. Within 30 days after the receipt of the
statement of rejection, the landowner may appeal the
rejection in accordance with 2 Pa.C.S. Ch. 5 Subch. B
(relating to practice and procedure of local agencies)
and Ch. 7 Subch. B (relating to judicial review of local
agency action).
* * *
(l) Ordinances.--Notwithstanding the provisions of the act
20110HB0681PN0686 - 8 -
of July 31, 1968 (P.L.805, No.247), known as the "Pennsylvania
Municipalities Planning Code," or any other provision of law, an
ordinance may not authorize the transfer of development rights
from land subject to an agricultural conservation easement.
Ordinances that have created transferable development rights
shall be deemed amended consistent with this subsection.
Section 2. This act shall take effect in 60 days.
20110HB0681PN0686 - 9 -