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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

7 Pa. Code § 138e.72. Transactions affecting ownership of easement.

§ 138e.72. Transactions affecting ownership of easement.

 (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.


   The provisions of this §  138e.72 adopted December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782.

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