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7 Pa. Code § 138e.91. Recommendation for purchase.


§ 138e.91. Recommendation for purchase.

 A county board shall make its recommendation for purchase of an easement by submitting the following documents to the Director, Bureau of Farmland Preservation, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408:

   (1)  Twenty-five copies of the summary report prepared in accordance with §  138e.70 (relating to summary report), including the following items:

     (i)   A cover letter from the county (optional).

     (ii)   A narrative summary.

     (iii)   A current United States Geological Survey (USGS) topographical map that clearly and legibly shows the subject property location and boundaries, location of neighboring easements and exclusions withheld from the subject property.

     (iv)   The Soil Report Form ‘‘C’’ (a form provided by the Department), both pages. See Appendix B (relating to Form C Soils Report).

     (v)   The list of soil mapping unit names, symbols and land capability classes on the subject property.

     (vi)   A legible, uncolored soil map of the subject property.

     (vii)   A tax map showing the subject property location and boundaries, exclusions withheld from the subject property, utility rights-of-way and access road rights-of-way.

     (viii)   A summary table showing the individual farmland ranking scores by category for applications selected for county appraisal, including an indication of the easement purchase status of higher-ranking applicants.

     (ix)   A copy of Exhibit B from the agreement of sale, modified to include interest, total acres and per acre easement cost.

     (x)   The 25 copies submitted shall be individually collated and three-hole punched, but not stapled.

   (2)  The appraisal reports.

   (3)  The signed agreement of sale, including the proposed legal description, a statement of cost, the proposed deed of agricultural conservation easement, a contractor integrity clause and a nondiscrimination clause.

   (4)  The title insurance report or commitment.

   (5)  A letter certifying that the adjoining landowners were provided with notice and opportunity to be heard in a manner consistent with administrative agency law with respect to the proposed easement purchase, including one copy of the notification letter required under §  138e.71 (relating to notification of owners of land adjoining proposed easement purchase) and a list of the adjoining landowners.

   (6)  A completed and signed IRS Form W-9, Request for Taxpayer Identification Number and Certification for individual grantors.

   (7)  A letter from the grantors stating the percent of ownership of each grantor for the purpose of issuing IRS Form 1099.

   (8)  A copy of the approved soil conservation plan that is required to be in place with respect to the land under §  138e.241(2) (relating to deed clauses).

   (9)  A copy of the nutrient management plan that has been developed, certified, reviewed and approved in accordance with the Nutrient Management Act (3 P. S. § §  1701—1718), if the nutrient management plan is required under the Nutrient Management Act for any portion of the property that is the subject of the recommendation for purchase.


   The provisions of this §  138e.91 amended November 24, 1995, effective November 25, 1995, 25 Pa.B. 5253; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782; amended April 30, 2004, effective May 1, 2004, 34 Pa.B. 2421. Immediately preceding text appears at serial pages (239116) to (239118).

Cross References

   This section cited in 7 Pa. Code §  138e.69 (relating to statement of costs); and 7 Pa. Code §  138e.102 (relating to allocation of funds to counties).

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