[27 Pa.B. 3751]
[Continued from previous Web Page] § 138e.16. Minimum criteria for applications.
(a) The county program shall consider the quality of the farmland tract, including the USDA soil classification and productivity. The farmland tract shall:
(1) Be located in an agricultural security area consisting of 500 acres or more.
(2) Be contiguous acreage of at least 50 acres in size unless the tract is at least 10 acres in size and is either utilized for a crop unique to the area or is contiguous to a property which has a perpetual conservation easement in place which is held by a ''qualified conservation organization,'' as that term is defined in section 170(h)(3) of the Internal Revenue Code (26 U.S.C.A. § 170(h)(3)).
(3) Contain at least 50% of soils which are both available for agricultural production and of land capability classes I--IV, as defined by the USDA-NRCS.
(4) Contain the greater of 50% or 10 acres of harvested cropland, pasture or grazing land.
(b) The county program may contain additional criteria to evaluate farmland tracts if the criteria are fair, objective, equitable, nondiscriminatory and emphasize the preservation of viable agricultural land which will make a significant contribution to the agricultural economy, and are approved by the State Board. For example, a county program might require crop yields from a farmland tract to meet or exceed county crop yield averages, or might require the farmland tract to generate annual gross receipts of a particular sum, or might require that structures and their curtilages not occupy more than a certain percentage of the total acreage of the farmland tract.
§ 138e.17. Planning and development map.
(a) The county board shall, in consultation with the county planning commission, prepare a map identifying the important agricultural areas of the county. The scale of the map shall be such that it can be used to locate specific land proposed for easement purchase.
(b) The county board shall encourage the formation of agricultural security areas in the important agricultural areas identified in the map described in subsection (a).
(c) The planning and development map shall identify areas in the county devoted primarily to agricultural use where development is occurring or is likely to occur in the next 20 years. The identification of these areas shall be made in consultation with the county planning commission, and any other body the county board deems appropriate.
§ 138e.18. Schedule for submission of applications.
The county program shall contain a schedule for the submission of applications to the county board.
§ 138e.19. Purchasing procedures.
The county program shall contain or incorporate by reference the procedures in §§ 138e.61--138e.65 (relating to procedure for purchasing an easement) and additional consistent procedures as approved by the State Board.
§ 138e.20. Public information.
(a) The county board shall publicize the county program.
(b) The county program shall set forth the manner in which the county board will publicize the county program.
(c) The county board shall be subject to the Sunshine Act (65 P. S. §§ 271--286) and the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§ 66.1--66.4), known as the Right-To-Know Law, relating to the inspection and copying of public records.
§ 138e.21. Inspection and enforcement of an easement.
The county program shall contain or incorporate by reference the procedures for inspecting and enforcing an easement in §§ 138e.201--138e.207 (relating to procedure for inspecting and enforcing an easement) and additional, consistent procedures as approved by the State Board.
STATE BOARD REVIEW OF COUNTY PROGRAM § 138e.41. Application for review of county program.
A county board seeking State Board review, certification and approval of its county program shall submit one copy of its county program and its bylaws to the State Board at the following address: Director, Bureau of Farmland Protection, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408.
§ 138e.42. Review, certification and approval of a county program.
(a) The State Board will acknowledge receipt of the county program and may request additional information.
(b) Within 60 days of receipt of a complete county program, the State Board will approve or disapprove the county program.
(1) The State Board will approve the county program if it finds that the standards, criteria and requirements in the act and §§ 138e.11--138e.21 (relating to requirements for certification of county program) have been satisfied, and will immediately notify the county board in writing that the county program has been approved.
(2) The State Board will disapprove the county program if it is not in accordance with the act and §§ 138e.11--138e.21 and will immediately notify the county board in writing of the reasons for the disapproval. The county board may submit a revised county program to the State Board. The revised county program shall be treated as a new request for certification and approval.
(3) The county board may withdraw its county program from the State Board prior to action by the State Board. The county board may resubmit the county program for review. The State Board has 60 days from resubmittal to act on the county program.
(c) A decision of the State Board to disapprove a county program shall be an adjudication subject to 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law). An appeal from a decision of the State Board to disapprove a county program may be made by the county board to the Secretary of Agriculture and shall be filed in writing with the Secretary within 30 days of the State Board's action. An appeal from a decision of the State Board wll be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
§ 138e.43. Revision of county program.
(a) Following initial approval by the State Board, a county program may be revised in accordance with this section.
(b) A county board seeking review of a proposed revision to its county program shall submit one copy of the proposed revision to the State Board at the following address: Director, Bureau of Farmland Protection, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408.
(c) A county board's request for review of a proposed revision to a county program shall set forth the following:
(1) The text of the existing provisions of the county program to be revised.
(2) The text of all proposed revisions to the county program.
(3) A brief narrative explaining the reasons for, and the benefits from, the proposed revisions.
(4) Other supporting documentation or information deemed relevant by the county board or requested by the State Board.
(d) A proposed revision to the county program shall comply with the act and this chapter and may not conflict with another provision of the county program.
(e) The State Board will follow the procedures in § 138e.42 (relating to review, certification and approval of a county program) in reviewing a proposed revision to a county program.
§ 138e.44. Periodic recertification of county programs.
(a) Responsibilities of the State Board.
(1) The State Board will review a county program and approve or disapprove the recertification of that county program in accordance with this section and section 14.1(b)(4) of the act (3 P. S. § 914.1(b)(4)).
(2) A county program that was approved by the State Board on or before December 31, 1994, will be reviewed by the State Board and approved or disapproved for recertification by December 31, 1996, and by December 31 of every 7th year thereafter.
(3) A county program that was approved by the State Board after December 31, 1994, will be reviewed by the State Board and approved or disapproved for recertification by December 31 of the 7th year after the date of original approval and by December 31 of every 7th year thereafter.
(4) The State Board's approval or disapproval of recertification need not be granted within the times specified in paragraphs (1)--(3) if the county board fails to submit its county program to the State Board by the applicable deadline in subsection (c), or if the State Board postpones the deadline in accordance with subsection (e).
(b) Standard of review. The State Board will approve the recertification of a county program if it determines that the county program is in compliance with section 14.1(b)(4) and (d) of the act (3 P. S. § 914.1(b)(4) and (d)) and otherwise complies with the act and this chapter.
(c) Responsibilities of the county board.
(1) If a county board seeks State Board review and recertification of a county program that does not contain proposed revisions, it shall submit the county program to the State Board September 1 of the year within which recertification must be completed.
(2) If a county board seeks State Board review and recertification of a county program that contains proposed revisions, it shall submit the county program, including proposed revisions, to the State Board by July 1 of the year within which recertification must be completed. Proposed revisions to county programs shall comply with § 138e.43 (relating to revision of county programs).
(d) Consequence of noncompliance. The State Board will not approve a county board's recommendation for purchase unless the county program has been approved for recertification in accordance with the schedule set forth in section 14.1(b)(4) of the act and this section.
(e) Discretionary extension of time. Subsection (d) notwithstanding, the State Board may postpone the deadline for recertification of a county program by up to 12 months and, during this period of postponement, may approve a county board's recommendation for easement purchase.
PROCEDURE FOR PURCHASING AN EASEMENT § 138e.61. Application.
(a) A separate application shall be required for each farmland tract offered for easement purchase. The application shall consist of a completed application form, locational maps and a soils report form. A copy of a soils report form is in Appendix B (relating to Form C Soils Report). If the county program contains minimum criteria for easement purchase that vary from those in § 138e.16 (relating to minimum criteria for applications), the application shall also include documentation (such as a production report form contained in a guidebook authorized by the State Board under section 14.1(a)(3)(xv) of the act (3 P. S. § 914.1(a)(3)(xv)) to demonstrate the farmland tract meets these minimum criteria.
(b) The county board shall develop and make available to a county resident an application form which requires the following information:
(1) The printed name, address, telephone number and signature of all owners of the farmland tract.
(2) The county, municipality and agricultural security area in which the farmland tract is located.
(3) The total acreage of the farm as shown on the deed or instruments of record.
(4) The number of acres in the farmland tract proposed for easement purchase.
(5) The street address of the farm, and directions from the nearest State route.
(6) The most current deed reference--book, volume and page--or other reference to the place of record of the deed. In the case of multiple deeds, numbers for all the deeds shall be provided.
(7) County tax map numbers, including tax parcel number, or account number of each parcel.
(8) The date of the conservation plan, if any, which has been approved by the county conservation district or county board.
(9) The date of any nutrient management plan.
(10) The name, address and telephone number of the person to be contacted to view the farmland tract.
(c) The applicant or the county board shall provide both of the following locational maps with the application:
(1) A United States Geological Survey topographical map or a portion of the map showing the location of the farmland tract, with the farmland tract boundaries clearly and correctly delineated and showing the location of acreage being excepted from the easement.
(2) A tax map or official map used for tax assessment purposes showing the farmland tract with all tax parcel numbers clearly indicated.
(d) The applicant or the county board shall provide a soils report and a color-coded soils map for the farmland tract proposed for easement purchase. The soils report shall also contain a list of soil mapping unit names, symbols and land capability classes on the farmland tract. The soils map shall use as a base soil survey maps published by the USDA-NRCS. A county with a digital mapping database system for soils may provide the soils map in digital form in an appropriate scale acceptable to the Department. The soils map shall color code soil types as follows:
Land capability class I = Green
Land capability class II = Yellow
Land capability class III = Red
Land capability class IV = Blue
Land capability class V = Uncolored
Wetlands = Cross-hatch, or shown on a separate map
(e) If the county program requires crop yield data or gross annual receipts to determine whether a farmland tract meets the county program's minimum criteria for easement purchase, the applicant shall provide a production report for the farmland tract for the most recent crop year that comparable statistics are available from the Pennsylvania Agricultural Statistics Service (PASS)
§ 138e.62. Evaluation of application.
(a) The county board shall review the application to determine if it is complete and meets the minimum criteria in §§ 138e.11--138e.21 (relating to requirements for certification of county program).
(b) If the application is complete and the minimum criteria are met, an agent or member of the county board shall view the farmland tract and discuss the county program with the applicant.
(c) The county board shall evaluate timely applications which meet the minimum criteria and rank them according to the county, farmland ranking system.
§ 138e.63. Order of appraisal.
Farmland ranking score shall determine the order in which farmland tracts are selected by the county board for appraisal. Selection for appraisal shall be made in descending order of farmland ranking score.
§ 138e.64. Appraisal.
(a) An offer to purchase an easement shall be based upon one or more appraisal reports which estimate the market value and the farmland value of the farmland tract, as those terms are defined in § 138e.3 (relating to definitions).
(b) An appraisal of market value and farmland value shall be based on an analysis of comparable sales, and shall be conducted in accordance with the standards set forth in the most recent edition of the Uniform Standards of Professional Appraisal Practice, published by the Appraisal Standards Board of the Appraisal Foundation. If an appraiser cannot practicably conduct an appraisal based on an analysis of comparable sales, the appraiser may conduct an appraisal using another methodology only if that methodology is an acceptable methodology under the Uniform Standards of Professional Appraisal Practice and the appraisal report clearly describes the information considered, the appraisal procedures followed and the reasoning that supports the analyses, opinions and conclusions.
(c) The value of a building or other improvement on the farmland tract will not be considered in determining the easement value.
(d) The appraiser shall be a State-certified general real estate appraiser who is qualified to appraise a property for easement purchase. An appraiser shall be selected by a county board on the basis of experience, expertise and professional qualifications.
(e) The appraiser shall supply a minimum of three copies of a narrative report which contains the following information and is in the following format:
(1) Introduction.
(i) A letter of transmittal.
(ii) The appraiser's certificate of value as to market value, farmland value and easement value.
(iii) A table of contents.
(iv) A summary of salient facts and conclusions.
(v) The purpose of the appraisal.
(vi) The definitions, including definitions of market value, farmland value and easement value.
(2) Description of property.
(i) A brief area or neighborhood description.
(ii) A description of appraised property.
(A) A legal description.
(B) Property data and zoning.
(C) A brief description of improvements.
(D) Color photos of the subject property's fields and improvements.
(E) A tax map or official map used for tax assessment purposes showing the subject property and its relationship to neighboring properties.
(F) A legible sketch or aerial photograph of subject property showing boundaries, roads, driveways, building locations, rights of way and land use.
(G) A location map showing the location of the subject farmland tract in a county or municipality.
(H) Soils map showing property boundaries.
(3) Analyses and conclusions.
(i) An analysis of highest and best use.
(ii) The valuation methodology: market value.
(A) Comparable sales data.
(B) An adjustment grid.
(C) A locational map of comparable sales showing the location of the subject farmland tract with respect to the comparables. A single locational map shall be submitted with respect to each county from which comparable sales are drawn.
(iii) The market value estimate.
(iv) The valuation methodology: farmland value.
(A) A comparable sales data.
(B) An adjustment grid.
(C) A locational map of comparable sales showing the location of the subject farmland tract with respect to the comparables. A single locational map shall be submitted with respect to each county from which comparable sales are drawn.
(v) A farmland value estimate.
(vi) The easement value.
(vii) An appendix containing a brief statement of the appraiser's professional qualifications and a copy of the appraiser's current certification issued in accordance with the Real Estate Appraisers Certification Act (63 P. S. §§ 457.1--457.19).
(f) The appraiser shall supply information concerning comparable sales as follows:
(1) At least three comparable sales shall be used for estimating market value and at least three comparable sales shall be used for estimating farmland value in an appraisal. If the appraiser cannot obtain sufficient comparable sales data within the same county as the subject farmland tract, the appraiser may use comparable sales from other counties, with the approval of the county board. The use of comparable sales which require adjustment of 50% or more is permitted only with the approval of the county board.
(2) Pertinent data for each comparable sale used in the preparation of the appraisal shall be stated in the appraisal report, including date of sale, purchase price, zoning, road frontage in feet (for determining market value) and soil mapping units (for determining farmland value). The appraisal shall include an analysis comparing the pertinent data for each comparable sale to the subject farmland tract. This analysis shall be in the form of a narrative statement of the information considered and the reasoning that supports the analyses, opinions and conclusions, and an adjustment grid assigning, when practicable and within the Uniform Standards of Professional Appraisal Practice referenced in subsection (b), approximate dollar values to adjustments shown on the adjustment grid.
(3) The location of each market value comparable sale used in the appraisal report shall be shown accurately on a comparable sales map depicting the entire county in which the comparable sale is located, and shall be sufficiently identified and described so it may be located easily. If the comparable sales map depicts the county in which the property that is the subject of the appraisal is located, that property shall also be sufficiently identified and described so it may be located easily.
(4) The location of each farmland value comparable sale used in the appraisal report shall be shown accurately on a comparable sales map depicting the entire county in which the comparable sale is located, and shall be sufficiently identified and described so it may be located easily. If the comparable sales map depicts the county in which the property that is the subject of the appraisal is located, that property shall also be sufficiently identified and described so it may be located easily. If a farmland value comparable sales map and a market value comparable sales map would depict the same county, they may be combined in a single map.
(5) For comparable sales used to estimate the farmland value, the appraiser may use sales of land that are confined to agricultural use because of agricultural conservation easements or other legal restrictions or physical impairments that make the land valuable only for agricultural use. Comparable sales shall be in primarily agricultural use. Data may also be gathered from farm real estate markets when farms have no apparent developmental value.
(6) The appraiser shall set forth the reasons the farmland comparable sales are confined primarily to agricultural use. Examples of these reasons include:
(i) The farmland tract has public or private land use restrictions.
(ii) The farmland tract is within a floodplain or a wetland (in whole or in part).
(iii) The farmland tract is landlocked, subject to additional easements, subject to restrictive zoning or having other physical attributes which limit its developmental capability.
(7) The appraiser shall provide at least one original and two copies of each report to the county board. The original of each report and all copies shall be bound with rigid covers.
(8) The appraisal shall include the entire acreage offered for easement sale. If, following completion of the appraisal, acreage is added to or deleted from the proposed easement sale for any reason, the appraisal shall be revised accordingly or the appraiser shall agree in writing to the use of a per acre value to account for the change in easement value resulting from such a change in acreage.
(9) If acreage is voluntarily withheld from the easement sale by the landowner through subdivision accomplished in accordance with the Pennsylvania Municipalities Planning Code, the appraiser shall, in making the estimate of agricultural conservation easement value, take into account any increase in the value of the subdivided acreage because of the placement of the easement on the remaining farmland.
§ 138e.65. Easement value and purchase price.
(a) Easement value. An easement shall be purchased in perpetuity. The maximum value of an easement for purposes of making an offer to purchase an easement under § 138e.66(b) (relating to offer of purchase by county board) shall be the difference between the market value and the farmland value contained in the county appraisal report.
(b) Maximum purchase price. The purchase price offered for the purchase of an easement under § 138e.66(b) may not exceed, but may be less than, the value of the easement. Regardless of the easement value, the State funds paid toward the purchase price of an easement will not exceed $10,000 per acre.
§ 138e.66. Offer of purchase by county board.
(a) In determining whether to offer to purchase an easement following receipt of the county appraisal report, the county board shall consider the following:
(1) The farmland ranking score, as calculated in accordance with § 138e.15 (relating to farmland ranking system).
(2) The cost relative to total allocations and appropriations.
(3) The factors or considerations in the county program as those factors or conditions under which an offer to purchase would be made in something other than descending order of farmland ranking score. An example of a factor or consideration under which a county program might provide for the making of an offer to purchase in something other than descending order of farmland ranking score would be the landowner being unable to obtain clear title to the farmland tract within a time specified in the county program.
(b) If the county board determines to offer to purchase an easement on the farmland tract, the county board, or a representative of the county board, shall meet with the applicant to review the county appraisal report. An offer to purchase an easement shall be submitted to the applicant in writing and be accompanied by the county appraisal report.
(c) Within 30 days of receipt of the written offer from the county board, an applicant may do one of the following:
(1) Accept the offer, in which case the county board and the applicant shall enter into an agreement of sale. The agreement of sale shall be conditioned upon the approval of the State Board and be subject to the ability of the applicant to provide good title to the premises, free of encumbrances such as liens, mortgages, options, rights of others in surface mineable coal, land use restrictions, adverse ownership interest and other encumbrances which would adversely impact the county and Commonwealth's interest in the farmland tract.
(2) Reject the offer and advise the county board that the application is withdrawn.
(3) Advise the county board that the applicant is retaining, at the applicant's expense, an independent State-certified general real estate appraiser to determine the easement value. The appraiser shall be qualified, and the appraisal shall be completed in accordance with the procedure in § 138e.64 (relating to appraisal). The appraisal shall be submitted to the county board within 120 days of receipt of the county board's offer to purchase. The county board may extend the time within which this appraisal shall be submitted. This extension shall be in writing and shall extend the 120-day deadline by no more than 60 days. Upon completion, three copies of the applicant's appraisal shall be submitted to the county board. The applicant's decision to obtain an independent appraisal under this paragraph does not constitute a rejection of the county board's offer. The county board's offer shall remain open unless increased by the county board under subparagraph (ii) or rejected by the applicant under subparagraph (iii) or (iv).
(i) If the applicant retains an independent appraiser, the easement value shall be the difference between the agricultural value and the nonagricultural value, determined as follows:
(A) The agricultural value shall equal the sum of:
(I) The farmland value determined by the applicant's appraiser.
(II) One-half of the difference between the farmland value determined by the county board's appraiser and the farmland value determined by the applicant's appraiser, if the farmland value determined by the county board's appraiser exceeds the farmland value determined by the applicant's appraiser.
(B) The nonagricultural value shall equal the sum of:
(I) The market value determined by the county board's appraiser.
(II) One-half of the difference between the market value determined by the applicant's appraiser and the market value determined by the county board's appraiser, if the market value determined by the applicant's appraiser exceeds the market value determined by the county board's appraiser.
(ii) If the easement value determined under subparagraph (i) is less than the easement value determined by the county appraiser, the county board may offer a purchase price equal to the county's offer under subsection (b).
(iii) Regardless of the easement value, the purchase price may not exceed $10,000 per acre of State funds.
(iv) Within 30 days of receipt of the applicant's appraisal, the county board shall do one of the following:
(A) Submit a written offer to purchase in an amount in excess of the amount offered under subsection (b) to the applicant.
(B) Notify the applicant, in writing, that the offer made under subsection (b) remains open and will not be modified.
(v) The applicant shall, within 15 days of receipt of the county board's written offer under subparagraph (ii)(A) or receipt of the county board's written notice under subparagraph (ii)(B), notify the county board in writing that the applicant does one of the following:
(A) Accepts or rejects the offer made under subparagraph (iv)(A).
(B) Accepts or rejects the offer made under subsection (b).
(vi) The failure of the applicant to act as set forth in subparagraph (v) shall constitute a rejection of the county board's offer.
(vii) If the offer of purchase is accepted, the county board and the applicant shall enter into an agreement of sale containing the same requirements and subject to the same conditions in subsection (c)(1).
(4) The failure by the applicant to act within 30 days of receipt of a written offer under subsection (b) shall constitute rejection of the offer.
(d) An agreement of sale shall be in a form provided by the State Board.
§ 138e.67. Requirements of the agricultural conservation easement deed.
(a) The owners of the subject farmland tract shall execute a deed conveying the easement. This deed shall include the provisions of § 138e.241 (relating to deed clauses).
(b) The deed shall be in recordable form and contain:
(1) A legal description setting forth the metes and bounds of the farmland tract subject to the easement.
(2) At least one course and distance referencing a fixed marker or monument of a type commonly placed in the field by a surveyor. Fixed markers may include iron pins, pk nails, spikes, concrete monuments or stones.
(c) The legal description may not contain a closure error greater than 1 foot per 200 linear feet in the survey.
(d) The farmland tract on which an easement is to be purchased shall be surveyed unless the legal description contained in the deed recorded in the land records of the county in which the farmland tract is located satisfies the requirements of subsections (b) and (c). A survey required by this paragraph shall comply with the boundary survey measurement standards for a Class A-2 survey as published by the Pennsylvania Society of Land Surveyors.
(e) For purchases made entirely with State funds, the Commonwealth shall be the sole grantee.
(f) For purchases made using a combination of State and county funds, the grantees shall be the Commonwealth and the county providing the funds under joint ownership as defined in the act.
(1) Neither the Commonwealth nor the county may sell, convey, extinguish, lease, encumber or restrict in whole or in part its interest in the 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)).
(2) 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.
(g) A copy of the proposed deed shall be submitted to the State Board for approval prior to execution and delivery.
§ 138e.68. Title insurance.
(a) The county board shall provide a title report to the State Board upon submission of its recommendation for the purchase of an easement.
(b) At settlement, the county board shall provide a title insurance policy issued by a title insurance company authorized to conduct business in this Commonwealth by the Insurance Department. A marked up title commitment may serve as a policy until the policy is issued.
§ 138e.69. Statement of costs.
(a) For purposes of section 14.1(h)(6) of the act (3 P. S. § 914.1(h)(6)), the county board shall submit, on a form provided by the Department, a statement of costs. This statement of costs shall include the cost of the agricultural conservation easement and the costs incident to the purchase of the easement, and shall be submitted to the State Board along with the application for review described in § 138e.91 (relating to application for review). The incidental costs may include:
(1) The county appraisal costs.
(2) The necessary legal fees for title search, preparation of documents and attendance at the closing.
(3) The recording fees.
(4) The survey costs.
(5) The costs of providing adjoining landowners with required notices and of providing necessary advertisements.
(6) Reimbursements to a nonprofit land conservation organization that has acquired an easement at the request of the county board, for the purpose of transferring the easement to the county or the Commonwealth, or both. These costs include the easement purchase price, reasonable costs of financing the purchase, appraisal costs, necessary legal costs, recording fees and survey costs.
(7) The cost of the title insurance.
(b) The statement of costs shall specify the amount of funding requested from the Commonwealth for the purchase, and the amount of county funds allocated for the purchase.
(c) After settlement, the county board shall submit a revised statement of costs if actual costs were greater or less than the costs estimated in the initial statement of costs.
(d) If the actual costs are less than the estimated costs, the county board shall promptly refund the difference to the Department by check payable to ''Commonwealth of Pennsylvania.''
§ 138e.70. Summary report.
(a) General. A recommendation by the county board for the purchase of an easement shall be accompanied by a summary report consisting of a narrative report and an appendix as described in subsections (b) and (c).
(b) Narrative report. The narrative report shall consist of the following:
(1) A description of the farm, including the name of all landowners, location in relation to the nearest town, number of acres proposed for purchase and type of agricultural production on the farm.
(2) A description of the quality of the farmland tract, including soil capability classes.
(3) The farmland ranking score, including a statement of the relative ranking of the farmland tract among other tracts considered by the county in the same round of applications.
(4) A description of the likelihood of conversion to other uses if the easement is not purchased.
(5) A description of the nature and scope of developmental pressure in the municipality or area.
(6) A description of the nature and scope of conservation practices and best land management practices, including soil erosion and sedimentation control and nutrient management.
(7) A discussion of the purchase price summarizing the appraisals, including the agricultural and nonagricultural value, negotiations for purchase and the percentage of the appraised easement value accepted by the landowner.
(8) A statement of costs as described in § 138e.69 (relating to statement of costs).
(9) A certification by the county board that the information presented to the State Board is true and correct.
(c) Appendix. The appendix of the summary report shall consist of the following:
(1) The application form.
(2) Locational maps, including tax, topographic and soils maps.
(3) A soils report.
(4) A crop report.
(5) A livestock report.
(6) An evaluation of the farmland ranking score, showing how the farm scored in comparison to other farms.
(7) A quitclaim deed, or a subordination, release or letter approving the purchase from a mortgagee, lienholder or owner of rights in surface mineable coal.
(8) Other relevant documents and information.
§ 138e.71. Notification of owners of land adjoining proposed easement purchase.
(a) General. A county board shall provide the owners of land adjoining a farmland tract with respect to which an easement purchase is proposed with notice of the proposed purchase and notice of an opportunity to be heard at the State Board meeting at which the easement purchase recommendation is to be considered. At a minimum, this notice shall identify the property being considered for easement purchase, reference the time and place of the State Board meeting at which the easement purchase recommendation is to be considered and reference the criteria at section 14.1(e)(1) of the act (3 P. S. § 914.1(e)(1)) upon which the State Board could disapprove a recommended easement purchase. Service of this notice may be accomplished by personal service or mail as described in subsections (b) and (c).
(b) Personal service. The notice described in subsection (a) may be accomplished by personal service upon the landowners entitled to notice. If service is accomplished by personal service, the county board shall submit verification of service to the State Board in advance of the State Board meeting at which the easement purchase recommendation is to be considered.
(c) Certified mail. The notice described in subsection (a) may be accomplished by certified mail, return receipt requested, addressed to the landowner entitled to the notice. If service is accomplished by certified mail, the county board shall submit verification of service, including a copy of the return receipt, to the State Board in advance of the State Board meeting at which the easement purchase recommendation is to be considered.
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