Pennsylvania Code
Title 7 - AGRICULTURE
Part V-C - Farmland and Forest Land
Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM
PROCEDURE FOR PURCHASING AN EASEMENT
Section 138e.69 - Statement of costs

Universal Citation: 7 PA Code ยง 138e.69

Current through Register Vol. 54, No. 12, March 23, 2024

(a) For purposes of section 14.1(h)(6) of the act (3 P. S. § 914.1(h)(6)), the county board shall submit, on a form provided by the Department, a statement of costs. This statement of costs shall include the cost of the agricultural conservation easement and the costs incident to the purchase of the easement, and shall be submitted to the State Board along with the application for review described in § 138e.91 (relating to recommendation for purchase). The incidental costs may include:

(1) The county appraisal costs.

(2) The necessary legal fees for title search, preparation of documents and attendance at the closing.

(3) The recording fees.

(4) The survey costs.

(5) The costs of providing adjoining landowners with required notices and of providing necessary advertisements.

(6) Reimbursements to a nonprofit land conservation organization that has acquired an easement at the request of the county board, for the purpose of transferring the easement to the county or the Commonwealth, or both. These costs include the easement purchase price, reasonable costs of financing the purchase, appraisal costs, necessary legal costs, recording fees and survey costs.

(7) The cost of the title insurance.

(b) The statement of costs shall specify the amount of funding requested from the Commonwealth for the purchase, and the amount of county funds allocated for the purchase.

(c) After settlement, the county board shall submit a revised statement of costs if actual costs were greater or less than the costs estimated in the initial statement of costs.

(d) If the actual costs are less than the estimated costs, the county board shall promptly refund the difference to the Department by check payable to "Commonwealth of Pennsylvania."

This section cited in 7 Pa. Code § 138e.70 (relating to summary report); 7 Pa. Code § 138e.93 (relating to postsettlement recording and reporting procedures); and 7 Pa. Code § 138e.103 (relating to expenditure of matching funds).

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