Pennsylvania Statutes

An open-end mortgage can secure payment of an obligation that has not come into existence yet. The excerpt from the Unofficial Purdon's Pennsylvania Statutes from West regarding open-end mortgages as well as Pennsylvania Senate Bill 693 enacted as Act 126 of 1990 are included here.

Act 109 of 2010 (HB 1394) allows landowners who participate in Pennsylvania's Clean and Green program to use their land for commercial wind production where more than half of the produced energy is sold and used off of the tract of land. The portions of the land used for wind production are subject to rollback taxes.

Act 115 amends Act 442 of 1967, as amended, to provide that in addition to acquiring land and easements, dedicated open space taxes may now be used to develop, improve, design, engineer and maintain open space acquired with dedicated open space taxes in order to provide open space benefits. It also clarifies that voter created open space taxes may only be repealed by voter referendum.

This act established Pennsylvania's agricultural conservation easement program. It amended the act of June 30, 1981 (P. L. 128, No. 43), known as the "Agricultural Area Security Law," to further provide for agricultural areas, public hearings, evaluation criteria, decisions and reviews of proposed areas, appeals, limitation on local agencies, policy of Commonwealth agencies, limitations on exercise of eminent domain and purchases of development easements in agricultural areas; authorizing the issuance of bonds for the purchase of agricultural conservation easements; making an appropriation; and making editorial changes. (As legislation, the act was known as House Bill No. 442.)

Pennsylvania Act 154 of 2006 facilitates local government partnerships with land trusts. Act 154 was passed unanimously by both the Senate and House, then signed into law by the Governor on November 29, 2006. (The act amends Pennsylvania's open space law.)

Act 15 of 1999 establishes the Supplemental Agricultural Easement Purchase program, which provides technical assistance funds to eligible counties regarding long-term installment purchases of agricultural conservation easements and funds to reimburse land trusts for expenses incurred to acquire agricultural conservation easements.

Act 44 of 2011, signed into law by Governor Corbett on July 7, amends the Agricultural Area Security Law to repeal the provision allowing for the extinguishment of agricultural conservation easements after 25 years.

Act 4 provides a process for freezing the millage on open space properties. It amends the act of January 19, 1968 (1967 P.L.992, No.442), entitled, as amended, "An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses," defining "municipal corporation"; further providing for property acquired in fee simple and for local taxing option; and making an editorial change.

Enacted a referendum asking voters if they would approve a $100 million to establish the Agricultural Conservation Easement Purchase Program to conserve farmland. The referendum was placed on the ballot in November 1987 and passed with 68% approval.

Amends Titles 15 (Corporations and Unincorporated Associations) and 54 (Names) of the Pennsylvania Consolidated Statutes, in Title 15, making extensive revisions, additions and deletions to preliminary material on general provisions; to corporation material on general provisions, on incorporation, on corporate powers, duties and safeguards, on officers, directors and shareholders, on fundamental changes, on registered corporations, on insurance corporations, on benefit corporations, on foreign business corporations, on incorporation and on foreign nonprofit corporations; to material on limited liability companies; to material on unincorporated associations; and to material on business trusts; in Title 54, further providing for general provisions and for corporate and other association names; and making related repeals.

Act 84 of 2016 adds several types of transfers of conservation and recreational easements to the list of real estate transactions excluded from paying Pennsylvania's realty transfer tax. The Act covers a great number of taxation matters but the realty transfer tax portion may be found starting at page 45.

Pennsylvania Act 85 of 2012, signed by Governor Corbett on 7/2/2012, amends the Tax Reform Code of 1971. Among its many provisions is an expansion of inheritance tax exemptions associated with farming and agricultural preservation. Can be found as House Bill 761 (session of 2011) in the records of the PA General Assembly. 139 pp.

Under Act 88, land subject to preferential assessment under PA Clean and Green may be used for exploration for, and removal of, gas and oil. Roll-back taxes will be imposed upon only those portions of land actually devoted to these activities, excluding land devoted to subsurface transmission or gathering lines. Act 88 also allows for the development and use of Tier I alternative energy on any land use category of Clean and Green to be kept under preferential assessment as long as more than half of the energy annually generated is used on the tract of land.

Pennsylvania’s Act 8 of 2011 (House Bill 442) prohibits private transfer fees but provides exceptions for fees payable to nonprofit corporations in association with conservation easements as well as for fees payable to governments.

As amended through 2013, an act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses. It is the purpose of this act to clarify and broaden the existing methods by which the Commonwealth and its local government units may preserve land in or acquire land for open space uses.

This is a copy of Act 43, which created the Agricultural Security Area program. The document reflects all revisions to this statute, through Act 19 of 2013.

The Pennsylvania Conservation and Preservation Easements Act, the act of June 22, 2001 (P.L. 390, No. 29) (32 P.S. §§5051-5059) was enacted in its final form as House Bill 975, PN 2294. It is Pennsylvania's enabling act for conservation easements (excluding agricultural conservation easements created under the Agricultural Area Security Law.)

Conservation organizations can avoid many potential difficulties in conservation easement stewardship by ensuring that their conservation easement documents are drafted to conform with the Conservation and Preservation Easements Act. WeConservePA guide. 7 pages.

The provisions of the Inheritance and Estate Tax Act can be found at Article XXI of the Tax Reform Code of 1971, as amended, which is linked to here. Daniel B. Evans describes the recent history of the Pennsylvania Inheritance and Estate Tax Act (at his evans-legal.com website at http://evans-legal.com/dan/paieta.html) as "rather confusing."

The act standardizes the application of eligibility standards for charitable organization tax exemptions in Pennsylvania.

The Local Government Unit Debt Act (LGUDA) provides the procedure for Pennsylvania's local government units to issue debt and tax anticipation notes. The Act also provides the borrowing limits for the local government units.

The Pennsylvania Sunshine Act requires all public agencies to take all official actions and conduct all deliberations leading up to official actions at public meetings. The Act covers all such actions by municipal governing bodies, committees of these governing bodies and municipal boards and commissions. This guide includes extensive guidance on the Act as well as the text of the Act.

Act 177 of 1996 amended Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, adding revised, codified and compiled provisions relating to local government; and making repeals. Part III "Government and Administration", Subpart D "Area Government and Intergovernmental Cooperation", Chapter 23 "General Provisions", Subchapter B "Environmental Advisory Councils" enables the creation of environmental advisory councils and sets forth the rules governing them. EACs were originally enabled by Act 148 of 1973. Act 177 amended this statute.

Pennsylvania's Act 93 of 2005 (4 P.S. §§ 601-606) provides immunity from liability for particular equine activities under certain conditions.

The Pennsylvania Farmland and Forest Land Assessment Act, commonly known as “Clean and Green” or Act 319, provides for lower property tax assessments of land capable of producing wood products, agricultural land, and open space land open to the public.

This website provides information on proposed legislation, state statutes, and land use case law rulings.

Counties, townships and other municipal entities and instrumentalities can assert immunity under the Political Subdivision Tort Claims Act Users should confirm whether the Act has been recently updated before using the posted file or link.

Act 91 of 1994 (PL 605) requires that land subject to agricultural conservation easements be assessed at the land’s restricted farmland value.

Pennsylvania's Project 70 Land Acquisition and Borrowing Act (Act 8 of 1964) authorized Commonwealth indebtedness of $70 million for the acquisition of lands for recreation, conservation and historical purposes.

Pennsylvania’s Rails-to-Trails Act (32 P.S. § 5611 ) provides for rail-trails acquired under the Act liability protection similar to that found in PA's Recreational Use of Land and Water Act. It also establishes within DCNR a program to acquire, operate, maintain and develop available railroad rights-of-way for public recreational trail use.

This law encourages landowners to allow the public onto their properties for recreational use by limiting the liability of landowners for claims of injury associated with that recreational use. The Recreational Use of Land and Water Act (“RULWA”), found in Purdon’s Pennsylvania Statutes, title 68, sections 477-1 et seq., is presented here as as amended by the PA General Assembly through 2018. The HB544 document provides the 2018 amendments to the statute.

The Commonwealth of Pennsylvania can assert immunity under the Sovereign Immunity Act. Users should confirm whether the Act has been recently updated before using the posted file or link.

Who can assert claims and be heard in Pennsylvania’s courts if a dispute heats up over the management of a conservation easement? WeConservePA guide. 6 pages.