PRINTER'S NO. 504
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
458
Session of
2015
INTRODUCED BY ROSS, FREEMAN, LONGIETTI, JAMES, McNEILL, BLOOM,
MILLARD, MENTZER, HARHAI, LAWRENCE, MURT, COHEN, PEIFER,
WATSON AND GILLEN, FEBRUARY 12, 2015
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 12, 2015
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(c) 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 July 7, 2011 (P.L.247, No.44), is amended
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.
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(4) Instruments and documents for the purchase, sale and
conveyance of agricultural conservation easements shall be
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
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received under this paragraph to the eligible county for
use in purchasing agricultural conservation easements in
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 or noncoal minerals by underground
mining methods, oil and gas by the owner of the subject
land or the owner of the underlying coal or noncoal
minerals by underground mining methods, oil and gas or
the owner of the rights to develop the underlying coal or
noncoal minerals by underground mining methods, oil and
gas, or the development of appurtenant facilities related
to the removal of coal or noncoal minerals 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
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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.
(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.
(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
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
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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
deeds.
* * *
Section 2. This act shall take effect in 60 days.
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