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.72 - Transactions affecting ownership of easement

Universal Citation: 7 PA Code ยง 138e.72

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

(a) General prohibition. Neither the Commonwealth nor the county may sell, convey, extinguish, lease, encumber or restrict in whole or in part its interest in an agricultural conservation easement for 25 years from the date of the purchase of the easement. This prohibition will not be construed to prevent a public entity, authority or political subdivision from exercising the power of eminent domain and condemning restricted land in accordance with section 14.1(c)(5) of the act (3 P. S. § 914.1(c)(5)).

(b) Disposition of proceeds. Upon the sale, conveyance, extinguishment, lease, encumbrance or other disposition of the easement, the Commonwealth and the county shall receive a pro rata share of the proceeds based upon their respective contributions to the purchase price.

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