1Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
2act authorizing the creation of agricultural areas," further
3providing for purchase of agricultural conservation
4easements.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 14.1(c) of the act of June 30, 1981
8(P.L.128, No.43), known as the Agricultural Area Security Law,
9amended, November 23, 1994 (P.L.621, No.96), December 21, 1998
10(P.L.1056, No.138) and July 7, 2011 (P.L.247, No.44), is amended
11to read:

12Section 14.1. Purchase of agricultural conservation easements.

13* * *

14(c) Restrictions and limitations.--An agricultural
15conservation easement shall be subject to the following terms,
16conditions, restrictions and limitations:

17(1) The term of an agricultural conservation easement
18shall be perpetual.

1(4) Instruments and documents for the purchase, sale and
2conveyance of agricultural conservation easements shall be
3approved by the State board or the county board, as the case
4may be, prior to execution and delivery. Proper releases from
5mortgage holders and lienholders must be obtained and
6executed to insure that all agricultural conservation
7easements are purchased free and clear of all encumbrances.

8(5) Whenever any public entity, authority or political
9subdivision exercises the power of eminent domain and
10condemns land subject to an agricultural conservation
11easement, the condemnor shall provide just compensation to
12the owner of the land in fee and to the owner of the easement
13as follows:

14(i) The owner of the land in fee shall be paid the
15full value which would have been payable to the owner but
16for the existence of an agricultural conservation
17easement less the value of the agricultural conservation
18easement at the time of condemnation.

19(ii) The owner of the easement shall be paid the
20value of the easement at the time of condemnation.

21(iii) For easements owned jointly by the
22Commonwealth and an eligible county, if the eligible
23county commits its share of funds received under this
24paragraph toward the purchase of agricultural
25conservation easements, the condemnor shall provide the
26Commonwealth's share of funds to the eligible county for
27use in purchasing agricultural conservation easements in
28accordance with this act.

29(iv) For easements owned by the Commonwealth, the
30condemnor shall provide the Commonwealth's share of funds

1received under this paragraph to the eligible county for
2use in purchasing agricultural conservation easements in
3accordance with this act.

4(v) Funds received by an eligible county under this
5paragraph shall not be considered matching funds under
6subsection (h).

7(vi) If an eligible county which receives funds
8under this paragraph fails to spend the Commonwealth's
9share of funds within two years of receipt of the funds,
10the eligible county shall pay the Commonwealth the
11Commonwealth's share of funds received under this
12paragraph plus 6% simple interest. These funds shall be
13deposited into the Agricultural Conservation Easement
14Purchase Fund.

15(6) An agricultural conservation easement shall not
16prevent:

17(i) The granting of leases, assignments or other
18conveyances or the issuing of permits, licenses or other
19authorization for the exploration, development, storage
20or removal of coal or noncoal minerals by underground
21mining methods, oil and gas by the owner of the subject
22land or the owner of the underlying coal or noncoal 
23minerals by underground mining methods, oil and gas or
24the owner of the rights to develop the underlying coal or 
25noncoal minerals by underground mining methods, oil and
26gas, or the development of appurtenant facilities related
27to the removal of coal or noncoal minerals by underground
28mining methods, oil or gas development or activities
29incident to the removal or development of such minerals.

30(ii) The granting of rights-of-way by the owner of

1the subject land in and through the land for trails for 
2nonmotorized use in accordance with paragraphs (9) and 
3(10) or for the installation of, transportation of, or
4use of water, sewage, electric, telephone, coal or 
5noncoal minerals by underground mining methods, gas, oil
6or oil products lines.

7(iii) Construction and use of structures on the
8subject land necessary for agricultural production or a
9commercial equine activity.

10(iv) Construction and use of structures on the
11subject land for the landowner's principal residence or
12for the purpose of providing necessary housing for
13seasonal or full-time employees: Provided, That only one
14such structure may be constructed on no more than two
15acres of the subject land during the term of the
16agricultural conservation easement.

17(v) Customary part-time or off-season minor or rural
18enterprises and activities which are provided for in the
19county Agricultural Conservation Easement Purchase
20Program approved by the State board under subsection (d).

21(vi) Commercial equine activity on the subject land.

22(7) Land subject to an agricultural conservation
23easement shall not be subdivided for any purpose which may
24harm the economic viability of the farmland for agricultural
25production. Land may be subdivided prior to the granting of
26an agricultural conservation easement, provided that
27subdividing will not harm the economic viability for
28agricultural production of the land subject to the easement.

29(8) Nothing in this act shall prohibit a member of the
30State board or county board or his or her family from selling

1a conservation easement under this program, provided that all
2decisions made regarding easement purchases be subject to the
3provisions of section 3(j) of the act of October 4, 1978 
4(P.L.883, No.170), referred to as the Public Official and 
5Employee Ethics Law.

6(9) The owner of the land subject to an agricultural
7conservation easement may permit or authorize the use of a
8portion of the subject land for a trail under the following
9conditions:

10(i) the portion of land does not exceed 20 feet in
11width;

12(ii) the portion of land is used as a trail for
13nonmotorized passive recreational use;

14(iii) the portion of land is available to the public
15for use without charge; and

16(iv) the use of the portion of land as a trail does
17not convert land which is devoted primarily to
18agricultural production or commercial equine activity.

19(10) If the owner of land subject to an agricultural
20conservation easement permits or authorizes the use of a
21portion of the subject land for a trail under paragraph (9),
22the owner may enter into an agreement with a local government
23unit or an eligible nonprofit entity permitting or
24authorizing its use of the portion of land as a trail. The
25agreement shall be recorded with the country recorder of
26deeds.

27* * *

28Section 2. This act shall take effect in 60 days.