Berks County > Berks Training Site > Backup of Old Sites > Agricultural Land Preservation-old

 


  Local Government Partipation 
  under Act 43 

Any local government unit that has created an Agricultural Security Area may participate along with Berks County and the Commonwealth in the preservation of farmland through the purchase of agricultural conservation easements under Act 43. 

1.  The local government unit, in conjunction with the County Board, may participate with the State Board in the purchase of agricultural conservation easements.

2.  The local government unit shall recommend to the County Board the purchase of agricultural conservation easements by Berks County and the local government unit as joint ownership.

3.  The local government unit shall recommend to the County Board the purchase of agricultural conservation easements by the local government unit and the Commonwealth as joint ownership.

4.  The local government unit may purchase an agricultural conservation easement, provided that all of the following apply: 

a.  The agricultural conservation easement is located within an Agricultural Security Area of at least 500 acres or the easement purchased is a joint purchase with either Berks County or both Berks County and the Commonwealth pursuant to the criteria set forth for the purchase of agricultural conservation easements cross local government unit boundaries and cross county boundaries including any portion of an agricultural conservation easement extending into an adjoining county.

b.  The deed of agricultural conservation easement is at least as restrictive as the deed of agricultural conservation easement prescribed by the State Board for agricultural conservation easements purchased by the Commonwealth.

c.  The local government unit shall participate with the County Board in complying with paragraph (5) for recording any agricultural conservation easement purchased by the local government unit. 

5.  The County Board shall be responsible to record agricultural conservation easements where a local government unit is a party to the purchase of the easement.  The easement shall be recorded by the County Board in the office of the Berks County Recorder of Deeds wherein the agricultural conservation easements are located.  The County Board shall submit to the State Board a certified copy of the agricultural conservation easements within 30 days after recording. The County Board shall attach to all certified copies of the agricultural conservation easements submitted to the State Board a description of the farmland subject to the agricultural conservation easements. 

Please Note:  The local government unit may incur debt pursuant to 53 PA C.S. Pt. VII Supbt. B (relating to indebtedness and borrowing) for the purchase of agricultural conservation easements.