7 Pa. Code § 138l.33. Automatic inclusion of certain parcels bisected by the dividing line between local government units upon the purchase of an agricultural conservation easement by certain entities.

§ 138l.33. Automatic inclusion of certain parcels bisected by the dividing line between local government units upon the purchase of an agricultural conservation easement by certain entities.

(a)  General. If a parcel of farmland is bisected by the dividing line between two local government units, and the portion of the parcel in one local government unit is within an ASA and the portion of the parcel in the other local government unit is not, the portion of the parcel that is not within an ASA shall be automatically included in the ASA if the following apply:
   (1)  A majority of the parcel’s viable agricultural land lies within the local government unit in which the ASA is located.
   (2)  An agricultural conservation easement is purchased by any of the following with respect to the parcel:
     (i)   The county.
     (ii)   The county and the Commonwealth, jointly.
     (iii)   The county and a local government unit, jointly.
     (iv)   The county, the Commonwealth and a local government unit, jointly.
  Example: A 100-acre parcel of farmland is comprised of 80 acres in Township A and 20 acres in Township B. The 80-acre portion of the parcel is within an ASA established by Township A. The majority of the parcel’s viable agricultural land is in Township A. The county purchases an agricultural conservation easement with respect to the parcel. Under these facts, as of the purchase of the agricultural conservation easement the 20-acre portion of the parcel located in Township B becomes part of the ASA covering the 80-acre portion of the parcel.
(b)  Exception. Subsection (a) does not apply with respect to agricultural conservation easement purchases made solely by the Commonwealth.

Cross References

   This section cited in 7 Pa. Code §  138l.15 (relating to ASA located in more than one local government unit); and 7 Pa. Code §  138l.21 (relating to effective date of the creation or modification of an ASA).

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