Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 914.7 - Acquisitions by donation(a) General rule.-- Notwithstanding any other provision of this act to the contrary, upon recommendation by an eligible county, the donation of an agricultural conservation easement may be acquired by the county, State board, an eligible nonprofit entity or a local government unit if all of the following apply: (1) The land is used for agricultural production.(2) The term of the agricultural conservation easement is perpetual.(3) The applicable county program provides for the acquisition by donation of an agricultural conservation easement.(4) The agricultural conservation easement is being acquired by donation by an eligible county or by the eligible county in conjunction with the Commonwealth, an eligible nonprofit entity or a local government unit, or any combination of these.(5) Instruments and documents for the acquisition by donation of an agricultural conservation easement are 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 acquired by donation free and clear of all encumbrances.(6) The agricultural conservation easement has title insurance.(7) The deed of agricultural conservation easement is as prescribed by the State board for agricultural conservation easements purchased by the Commonwealth.(8) The applicable county board records an agricultural conservation easement acquired by donation by the county in the office of the recorder of deeds of the county wherein the agricultural conservation easement is located and submits to the State board a certified copy of the agricultural conservation easement within 30 days after recording.(9) If the land does not meet the minimum criteria established by the State board for purchase of an agricultural conservation easement, the land shall be contiguous to property which is subject to an agricultural conservation easement.(b) Expenses.-- The allocation of a county may be adjusted by a maximum of $5,000 per easement for all costs, except administrative costs, incurred by the Commonwealth or a county incident to the acquisition by donation of an agricultural conservation easement.1981, June 30, P.L. 128, No. 43, §14.7, added 2006 , May 15, P.L. 190, No. 46, § 6.1, imd. effective.