WILKES-BARRE Pennsyl
vania residents can vote on a bond
issue affecting farmland preserva
tion, November 3rd. This is the
only statewide referendum on the
election ballot.
The question on the ballot is
whether or not the state should
establish a $ 100 million bond issue
“for the purchase of agricultural
conservation easements for the
preservation of farmland.” Agri
cultural conservation easements
are more commonly known as
development rights. The bond
referendum would provide a source
of funds to start the program.
“The issues involved in farm
land preservation are extremely
complex,” says Stanford Lem
beck, Penn State Community Plann
ing Specialist. “If the referendum
is passed, the bond issue will pro
vide funding through which the
state can preserve farmland for a
period of 25 years or in perpetuity,”
he explains
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“County committees would set
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Farm Preservation Bond Referendum
up local priorities that conform
with state guidelines to purchase
easement rights within the
framework of state law,” says
Lembeck. Counties would also
contribute to the cost of locally
approved programs.
The enabling legislation will
probably be an amendment to the
Agricultural Security Act (Act 43)
of 1981. Act 43 allows local gov
ernments in reality mostly
townships—to create areas where
farming is the preferred activity.
Pending legislation would amend
Act 43 to set up a method for the
state to purchase development
rights.
The farmland preservation
program is entirely voluntary.
There would be no effort to force
farmers to sell their development
rights. If those rights are pur
chased, the owner could continue
to farm, but the deed restriction
would not permit other uses.
Fora 25 year easement, counties
are limited to paying the land
owner one-tenth of the full value of
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On November Ballot
the development rights. That value
is determined by subtracting the
appraised agricultural value from
the appraised market value of the
property. “That means,” says Lem
beck, “that a farm with develop
ment rights worth $50,000 could
be preserved for 25 years by a pay
ment of $5,000, or it could be pre
served as farmland forever by a
payment of $50,000.”
Lembeck stresses that the
referendum is only part of a larger
program aimed at preserving Penn
sylvania’s Faimland. “The pro
cess of establishing guidelines and
an individual fanner’s decision to
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enter the program would be lengthy,”
he says. “A farmer would have
to compare current and potential
income, expenses and taxes all
in light of a long-term financial
plan. The decision would have to
be based on a very careful consid
eration of personal and family
goals.”
Farmers who qualify and elect
to enter the program would be
compensated for keeping their
land in farm use. The pressures of
development would be eased, local
farming would remain and those
farmers will be assessed taxes on a
lower base. This would also pre-
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serve precious open space and the
beauty of farmland.
However, local officials will
have to determine the tax impact of
less development in their bounda
ries. The purchase of development
rights will be costly and include
complex procedures.
Pro or con, Pennsylvania Voters
will have the chance to decide on
November 3rd if they want to
establish the mechanism to fund
farmland preservation. Lembeck
encourages voters to attend local
issues forums and public discus
sions on the referendum and on
farmland preservation.
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