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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLER, AUMENT, BOYD, CREIGHTON, FLECK, GIBBONS, GROVE, KAUFFMAN, M. K. KELLER, KILLION, MOUL, MURT, PICKETT, ROSS, SCAVELLO, SCHRODER, STURLA, SWANGER AND TALLMAN, DECEMBER 7, 2011 |
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| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, DECEMBER 7, 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; and abrogating regulations. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 14.1(b)(2) of the act of June 30, 1981 |
8 | (P.L.128, No.43), known as the Agricultural Area Security Law, |
9 | is amended by adding a subparagraph to read: |
10 | Section 14.1. Purchase of agricultural conservation easements. |
11 | * * * |
12 | (b) County programs.--After the establishment of an |
13 | agricultural security area by the governing body, the county |
14 | governing body may authorize a program to be administered by the |
15 | county board for purchasing agricultural conservation easements |
16 | from landowners whose land is either within an agricultural |
17 | security area or in compliance with the criteria set forth in |
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1 | paragraph (2)(i). |
2 | * * * |
3 | (2) It shall be the duty and responsibility of the |
4 | county board to exercise the following powers: |
5 | * * * |
6 | (xvii) To inspect all agricultural conservation |
7 | easements within the county on at least a biennial basis |
8 | to determine compliance with the applicable deed of |
9 | easement. The following shall apply to inspections: |
10 | (A) The first inspection shall be completed |
11 | within one year of the date of easement sale. |
12 | (B) A landowner shall be notified of an |
13 | inspection and the inspection shall be conducted on a |
14 | date and time agreeable to the county and the |
15 | landowner. |
16 | (C) Within ten days of conducting an inspection, |
17 | the county board shall prepare a written inspection |
18 | report, which shall be provided by certified mail to |
19 | the landowner. |
20 | (D) The county board and the State Board may |
21 | inspect the restricted land, jointly or severally, |
22 | without prior notice if there is reasonable cause to |
23 | believe that any provision of the deed of easement |
24 | has been or is being violated. |
25 | * * * |
26 | Section 2. The following provisions of 7 Pa. Code are |
27 | abrogated: |
28 | (1) Section 138e.202(a), (b) and (c). |
29 | (2) Section 138e.203(1). |
30 | Section 3. This act shall take effect immediately. |
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