geriatric_tatertot t1_j7sqm16 wrote on February 9, 2023 at 3:19 AM

Reply to comment by IamSauerKraut in How do you feel about all the warehouses and other land development? by conifer0

Unless you’re doing it via land trust this is the ELI5 of how it works in PA for the counties that have a preservation program.

IamSauerKraut t1_j7sxyaq wrote on February 9, 2023 at 4:18 AM

No, not it is not how an easement is obtained. Not even a fit with the word "easement."

bhans773 t1_j7t3oin wrote on February 9, 2023 at 5:10 AM

I think easement is being used correctly here. Some level of government purchases an agricultural easement. It’s essentially a subsidy to the land owner so long as the property remains farmland (or green space in some instances). Should the property transact, the easement goes with it. This would probably require language in the easement agreement that would allow for sunsetting or some other form of release which would likely include a repayment of benefits.

geriatric_tatertot t1_j7u2ed9 wrote on February 9, 2023 at 12:21 PM

Yes it goes into the deed. Heres a link explaining how it works in PA for a land trust or state/local purchase. https://conservationtools.org/guides/148-farm-preservation-options-for-landowners#heading_1

IamSauerKraut t1_j7u6vdi wrote on February 9, 2023 at 1:05 PM

>Some level of government purchases an agricultural easement.

Now you have it right. It is not the land which is purchased but the easement on the land. Ownership does not change.

One thing which could be done better? Enforcement of the terms of the easement. Right across the street from Cumberland Valley High School in central PA, a conservation easement was placed on a historic horse farm. Years later, the property was sold. And warehouses are now under construction on that very property.