Pennsylvania Act 1990-57 — AGRICULTURAL AREA SECURITY LAW - AMEND

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