32 Pa. Stat. § 5005

Current through P.A. Acts 2023-32
Section 5005 - Acquisition of interests in real property
(a) The Commonwealth of Pennsylvania, through the Department of Conservation and Natural Resources, may acquire any interest in real property by purchase, contract, condemnation, gift, devise or otherwise, for any of the following purposes:
(1) To protect and conserve water resources and watersheds;
(2) To protect and conserve forests and land being used to produce timber crops;
(3) To protect an existing or planned park, forest, wildlife preserve, nature reserve or other recreation or conservation site by controlling the use of contiguous or nearby lands in order to protect the scenic, aesthetic or watershed values of the site;
(4) To protect and conserve natural or scenic resources, including but not limited to soils, beaches, streams, flood plains or marshes;
(5) To protect scenic areas for public visual enjoyment from public rights of way;
(6) To preserve sites of historic, geologic or botanic interest;
(7) To promote sound, cohesive, and efficient land development by preserving open spaces between communities;
(8) To limit the use of the real property so as to achieve open space benefits by reselling real property acquired in fee simple, subject to restrictive covenants or easements limiting the use thereof for the purposes specified in clauses (1) through (7) hereof.
(b) The Commonwealth of Pennsylvania, through the Department of Agriculture, may acquire any interest in real property by purchase, contract, gift, or devise for any of the following purposes:
(1) To protect and conserve farmland;
(2) To protect and conserve water resources and watersheds;
(3) To limit the use of real property so as to achieve open space benefits by reselling real property acquired in fee simple, subject to restrictive covenants or easements limiting the use thereof for the purposes specified in clauses (1) and (2) hereof.
(c)
(1) A local government unit may acquire any interest in real property situate within its boundaries by purchase, contract, condemnation, gift, devise or otherwise, for any of the purposes set forth in clauses (1) through (8) of subsection (a) of this section, and may acquire any interest in real property situate within its boundaries by purchase, contract, gift or devise, for any of the purposes set forth in clause (1) of subsection (b) of this section, including limiting the use of real property to achieve open space benefits by reselling real property acquired in fee simple, subject to restrictive covenants or easements limiting the use thereof for the purposes set forth in clauses (1) through (7) of subsection (a) and clause (1) of subsection (b) of this section.
(2) During the time that real property or any interest in real property acquired by a local government unit for open space purposes in accordance with this act is held by the local government unit, the real property shall be ineligible for the purchase of agricultural conservation easements authorized in the act of June 30, 1981 (P.L. 128, No. 43) , known as the "Agricultural Area Security Law."

32 P.S. § 5005

1968, Jan. 19, P.L. (1967) 992, § 5. Amended 1996, Dec. 18, P.L. 994, No. 153, § 1, imd. effective.