act-1990-0-57•Pennsylvania Act 1990-57 — AGRICULTURAL AREA SECURITY LAW - AMEND
Pennsylvania Act 1990-57 — AGRICULTURAL AREA SECURITY LAW - AMEND
act-1990-0-571990 Pa. Act 57Law
Act text
AGRICULTURAL AREA SECURITY LAW - AMEND
Act of Jun. 22, 1990, P.L. 242, No. 57 Cl. 03
Session of 1990
No. 1990-57
AN ACT
HB 2334
Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
act authorizing the creation of agricultural areas," further
providing for agricultural conservation easements; further
defining the term "agricultural conservation easement"; and
further providing for the allocations of State moneys.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "agricultural conservation
easement" in section 3 of the act of June 30, 1981 (P.L.128,
No.43), known as the Agricultural Area Security Law, amended
December 14, 1988 (P.L.1202, No.149), is amended to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section, unless the
context clearly indicates otherwise:
* * *
"Agricultural conservation easement." An interest in land,
less than fee simple, which interest represents the right to
prevent the development or improvement of the land for any
purpose other than agricultural production. The easement may be
granted by the owner of the fee simple to any third party or to
the Commonwealth, to a county governing body or to a unit of
local government. It may be granted for a term of 25 years or in
perpetuity, as the equivalent of covenants running with the
land. The exercise or failure to exercise any right granted by
the easement shall not be deemed to be management or control of
activities at the site for purposes of enforcement of the act of
October 18, 1988 (P.L.756, No.108), known as the "Hazardous
Sites Cleanup Act."
* * *
Section 2. Section 14.1(a)(3)(i), (c) and (h)(7) and (8) of
the act, added December 14, 1988 (P.L.1202, No.149), are amended
to read:
Section 14.1. Purchase of agricultural conservation easements.
(a) State Agricultural Land Preservation Board.--The
Department of Agriculture and the State Agricultural Land
Preservation Board shall administer pursuant to this section a
program for the purchase of agricultural conservation easements
by the Commonwealth.
* * *
(3) It shall be the duty and responsibility of the State
board to exercise the following powers:
(i) To adopt rules and regulations pursuant to this
act: Provided, That the board shall have the power and
authority to promulgate, adopt, publish and use
guidelines for the implementation of this act [for a
period of one year immediately following the effective
date of this section] until September 30, 1990, or the
effective date of final rules and regulations, whichever
first occurs, pending adoption of final rules and
regulations. Guidelines proposed under the authority of
this section shall be subject to review by the General
Counsel and the Attorney General in the manner provided
for the review of proposed rules and regulations pursuant
to the act of October 15, 1980 (P.L.950, No.164), known
as the "Commonwealth Attorneys Act," but shall not be
subject to review pursuant to the act of June 25, 1982
(P.L.633, No.181), known as the "Regulatory Review Act."
* * *
(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 or for a term of 25 years.
(2) 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) 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
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.
(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 the
installation of, transportation of, or 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.
(iv) Construction and use of structures on the
subject land 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).
(7) 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.
* * *
(h) Allocation of State moneys.--The State board shall make
an annual allocation among counties, except counties of the
first class, for the purchase of agricultural conservation
easements.
* * *
(7) The first [three annual allocations] annual
allocation to a county under paragraphs (3), (4) and (5)(i)
shall continue for three county fiscal years, and the second
and third such annual allocations shall each continue for two
county fiscal years. Thereafter each such annual allocation
shall be for one county fiscal year. Such annual allocations
which have not been expended or encumbered at the end of the
period for which they were made shall be reallocated in the
subsequent county fiscal year to a county which used at least
90% of such total annual allocation. The reallocation to a
county under this paragraph shall be the total amount
available for reallocation under this paragraph multiplied by
a percentage equal to the annual appropriation of local
moneys appropriated by the county for the previous county
fiscal year for the purchase of agricultural conservation
easements divided by the aggregate of local moneys
appropriated by all eligible counties for the previous county
fiscal year for the purchase of agricultural conservation
easements.
(8) Initial allocations to counties under paragraphs (2)
and (5)(ii) shall continue until the end of the [third]
fourth county fiscal year occurring after the effective date
of this act. The sum of the total annual allocations of all
counties under paragraphs (2) and (5)(ii) which have not been
expended or encumbered by the end of the third county fiscal
year, and every county fiscal year thereafter, occurring
after the effective date of this act shall be reallocated in
the subsequent county fiscal year to a county which used at
least 90% of such total allocation. Fifty percent of the
amount available for allocation under this paragraph shall be
reallocated in the manner set forth in paragraph (2), and 50%
of the amount available for allocation under this paragraph
shall be reallocated in the manner set forth in paragraphs
(3), (4) and (5).
* * *
Section 3. This act shall take effect immediately.
APPROVED--The 22nd day of June, A. D. 1990.
ROBERT P. CASEY
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