Bill Text: PA SB970 | 2011-2012 | Regular Session | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-15 - Referred to AGRICULTURE AND RURAL AFFAIRS [SB970 Detail]

Download: Pennsylvania-2011-SB970-Introduced.html

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PRINTER'S NO. 1062
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 970 Session of2011
INTRODUCED BY DINNIMAN, FONTANA, RAFFERTY AND YAW, APRIL 15, 2011
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 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 purchase of agricultural conservation
easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14.1(b)(2)(i) and (c)(2) and (3) of the
act of June 30, 1981 (P.L.128, No.43), known as the Agricultural
Area Security Law, amended November 3, 1994 (P.L.621, No.96),
May 30, 2001 (P.L.103, No.14), November 1, 2005 (P.L.323, No.61)
and May 15, 2006 (P.L.190, No.46) are amended to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(b) County programs.--After the establishment of an
agricultural security area by the governing body, the county
governing body may authorize a program to be administered by the
county board for purchasing agricultural conservation easements
from landowners whose land is either within an agricultural
security area or in compliance with the criteria set forth in
paragraph (2)(i).
* * *
(2) It shall be the duty and responsibility of the
county board to exercise the following powers:
(i) (A) To adopt rules and regulations for the
administration of a county program for the purchase
of agricultural conservation easements in accordance
with the provisions of this act, including, but not
limited to, rules and regulations governing the
submission of applications by landowners,
establishing standards and procedures for the
appraisal of property eligible for purchase as an
agricultural conservation easement, establishing
minimum criteria for eligibility of viable
agricultural land a portion of which is used for
commercial equine activity and establishing standards
and procedures for the selection or purchase of
agricultural conservation easements.
(A.1) Prior to exercising authority under
subsection (b.2), to include in such rules and
regulations, standards and procedures for the
participation with eligible nonprofit entities in the
purchase of agricultural conservation easements as
described in subsection (b.2).
(B) To include in such rules and regulations,
standards and procedures for the selection or
purchase of agricultural conservation easements, in
accordance with subsection (b.2), by the county
solely or jointly with the Commonwealth, a local
government unit, an eligible nonprofit entity or any
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combination of these, on that portion of a parcel
which is not within an agricultural security area if
all of the following criteria are complied with:
(I) The land is part of a parcel of farm
land which is bisected by the dividing line
between two local government units.
(II) The majority of the farm's viable
agricultural land is located within an existing
agricultural security area. Upon purchase of an
easement covering the portion of the parcel which
is not located within an agricultural security
area, that portion of the parcel shall
immediately become part of the previously
established agricultural security area which
contains a majority of the farm's viable
agricultural land. The governing body which
created the agricultural security area which
contains a majority of the farm's viable
agricultural land shall be responsible for the
recording, filing and notification outlined in
section 8(d) and (g) concerning land added to the
agricultural security area pursuant to this
clause.
(C) To include in such rules and regulations,
standards and procedures for the selection or
purchase of agricultural conservation easements, in
accordance with subsection (b.2), by the county
solely or jointly with the Commonwealth, a local
government unit, an eligible nonprofit entity or any
combination of these, on that portion of a parcel
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located in an adjoining county if all of the
following criteria are complied with:
(I) The land is part of a parcel of farm
land which is bisected by the dividing line
between the purchasing county and the adjoining
county.
(II) Either a mansion house is located on
that portion of the parcel which is within the
purchasing county or the dividing line between
the counties bisects the mansion house and the
owner of the parcel has chosen the purchasing
county as the situs of assessment for tax
purposes or, if there is no mansion house on the
parcel, the majority of the farm's viable
agricultural land is located in the purchasing
county.
(III) The portion of the parcel located in
the purchasing county is within an agricultural
security area. Upon purchase of an easement by
the purchasing county covering that portion of
the parcel located in the adjoining county, the
portion of the parcel located in the adjoining
county shall immediately become part of the
agricultural security area previously established
in the purchasing county. The governing body
which created the agricultural security area in
the purchasing county shall be responsible for
the recording, filing and notification outlined
in section 8(d) and (g) concerning land added to
the agricultural security area pursuant to this
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clause.
(D) To include in such rules and regulations, a
requirement that discrete tracts of land that are
aggregated in a single agricultural conservation
easement purchase application shall be merged, prior
to the sale of the agricultural conservation
easement, such that the subdivision and the
subdivision review procedures described in subsection
(i) are required for any tract of land that is less
than all of the land described in the deed of
agricultural conservation easement to be transferred
to another.
* * *
(c) Restrictions and limitations.--An agricultural
conservation easement shall be subject to the following terms,
conditions, restrictions and limitations:
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[(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
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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.]
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Section 2. This act shall take effect in 60 days.
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