§ 138e.93. Postsettlement recording and reporting procedures.
(a) Retaining copies of essential documents. The county board shall make and retain photocopies of the following documents after settlement is held with respect to an agricultural conservation easement purchase, and prior to the recording of the deed of agricultural conservation easement in the appropriate recorder of deeds’ office:
(1) The complete and fully-executed deed of agricultural conservation easement, including the complete legal description of the land subject to the agricultural conservation easement.
(2) A marked-up title insurance commitment document, reflecting that all listed title insurance exceptions have been addressed and resolved prior to the purchase of the agricultural conservation easement.
(3) Mortgage satisfaction pieces, subordination agreements and other documents to be recorded in connection with the agricultural conservation easement purchase.
(4) The complete and fully-executed conservation plan agreement form as described in § 138e.222 (a) (relating to conservation plan).
(b) Recording of the deed of agricultural conservation easement and other documents. The county board shall record the deed of agricultural conservation easement and any other documents (such as subordination documents, satisfaction pieces and releases, and the conservation plan agreement form) at the appropriate recorder of deeds’ office after settlement is held with respect to the easement purchase.
(c) Recording of agricultural security area; reporting to the State Board. If the settlement triggers the automatic inclusion into an agricultural security area of some portion of the land subject to the agricultural conservation easement under section 14.1(b)(2)(i)(B) or (C) of the act (3 P. S. § 914.1(b)(2)(i)(B) or (C)), the governing body that created the agricultural security area into which the land is automatically included shall record the addition of this land into the agricultural security area in accordance with the filing, recording and notification procedures in section 8(d) and (g) of the act (3 P. S. § 914.8(d) and (g)). The governing body shall then transmit to the county board written confirmation that this recording, filing and notification has been accomplished. The county board shall mail or deliver a copy of that written confirmation to the State Board within 10 days of receipt.
(d) Reporting the agricultural conservation easement purchase to the State Board.
(1) General. The county board shall mail or deliver the following documents to the Department within 10 days following the date upon which settlement is held with respect to an agricultural conservation easement purchase:
(i) A complete notification of settlement, on a form available from the Department upon request, containing the following:
(A) The name of the landowners.
(B) The county in which the land is located.
(C) The date of settlement.
(D) A statement identifying any additional incidental costs.
(E) An indication (by check-off or other designation) of the other documents the county board is submitting to the Department along with the Notification of Settlement Form.
(F) The signature of the administrator or chief executive of the county board.
(ii) Copies of all of the documents described in subsection (b).
(iii) A copy of the settlement sheet, if the execution of such a document is part of the settlement transaction.
(iv) A marked-up title insurance commitment document or a title insurance policy, reflecting that all listed title insurance exceptions have been addressed and resolved prior to the purchase of the agricultural conservation easement.
(v) A complete verification, executed by the settlement agent at settlement, on a form available from the Department upon request, containing the following:
(A) A statement reading substantively as follows:
As Settlement Agent for
County, I hereby verify that I have submitted (or will take responsibility for submitting) the appropriate IRS 1099-S form(s) for the agricultural conservation easement identified below in accordance with the Internal Revenue Code, section 6045. I further verify that I have reported (or will report) the gross proceeds in the case of a joint purchase by the Commonwealth and the county. If this verification is not submitted to the Commonwealth within 30 days of closing, I further verify that the 1099-S form(s) will be sent to the IRS and the transferor by the deadline established by the IRS.(B) The name and Federal taxpayer I.D. number of each person who sold an interest in the agricultural conservation easement.
(vi) An invoice from the county for any additional incidental costs related to the agricultural conservation easement purchase, on a form available from the Department upon request, containing the following:
(A) The name, address and Federal taxpayer I.D. number of the county.
(B) The date of the application.
(C) The name, address and telephone number of the person designated by the county to act as a contact person if the Department requires further information.
(D) The name of the farm owner, address of the farm and the number of acres under agricultural conservation easement.
(E) A breakdown of the purposes for which reimbursement of additional incidental expenses is requested, and the amount of each expense.
(vii) A revised statement of costs, as described in § 138e.69 (relating to statement of costs), if the incidental costs are higher or lower than originally reported.
(2) Exception for agricultural conservation easements purchased by a local government unit solely. Paragraph (1) notwithstanding, if an agricultural conservation easement is purchased by a local government unit solely, the county board shall mail or deliver the following documents to the Department within 30 days after recording the deed of agricultural conservation easement:
(i) A copy of the complete and fully-executed deed of agricultural conservation easement, including the complete legal description of the land subject to the agricultural conservation easement.
(ii) 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.
(iii) An invoice as described in paragraph (1)(vi).
(e) Copies of filed documents. The county board shall mail or deliver copies of the recorded documents described in subsection (b) to the Department within 30 days following the date upon which these documents are recorded at the appropriate recorder of deeds’ office. The date and place of recording shall appear on each document.
(f) Title insurance policy. The title insurance policy should be mailed or delivered to the State Board within a reasonable time after settlement—preferably within 60 days of settlement.
Source The provisions of this § 138e.93 adopted April 30, 2004, effective May 1, 2004, 34 Pa.B. 2421.
Cross References This section cited in 7 Pa. Code § 138e.103 (relating to expenditure of matching funds); and 7 Pa. Code § 138e.222 (relating to conservation plan).
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