§ 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 affixed 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 subsection shall meet the requirements of § 138e.73 (relating to survey requirements).
(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.
(g) For purchases made using a combination of State, county and local municipality funds, the grantees shall be the Commonwealth, the county and the local municipality providing the funds under joint ownership as defined in the act.
(h) For purchases made entirely with county funds, the county shall be the sole grantee.
(i) For purchases made entirely with local municipal funds, the municipality shall be the sole grantee.
(j) For purchases made entirely with State funds, the Commonwealth shall be the sole grantee.
Source The provisions of this § 138e.67 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 (239112) to (239113).
Cross References This section cited in 7 Pa. Code § 138e.73 (relating to survey requirements); and 7 Pa. Code § 138e.104 (relating to installment sales).
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