Center Resources
Research Publications:
Agricultural Law Brief Articles:
Statutes
Pennsylvania statutes are accessible online through the Unofficial Purdon’s Pennsylvania Statutes website. Be aware that this information is subject to change as a result of subsequent amendments. Please consult an attorney if you are in need of the most up-to-date statutory information.
Case Law
Pennsylvania:
Regulations
Pennsylvania Code (Current Regulations):
- Preferential Assessment of Farmland and Forest Land Under the Clean and Green Act, 7 Pa. Code §§ 137b.1-b.4, b.11-b.27, b.41-b.46, b.51-b.54, b.61-b.64, b.71-b.76, b.81-b.93, b.101-b.112, b.121-b.122, b.131-b.133
Pennsylvania Bulletin (Past Regulatory Changes):
- Preferential Assessment of Farmland and Forest Land Under the Clean and Green Act (2001):
- Preferential Assessment of Farmland and Forest Land Under the Clean and Green Act (2000):
- Clean and Green (1999):
Legislative Activity
For an explanation to facilitate reading of legislative bills click here.
Enacted Pennsylvania Legislation (2011-2012 Session):
- Act 35 of 2011 (House Bill 144): An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for utilization of land or conveyance of rights for exploration or extraction of gas, oil, or coal bed methane.
- Act 34 of 2011 (House Bill 143): An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for split-off, separation, or transfer, leasing for wireless service, utilization of land or conveyance of rights for exploration or extraction or extraction of gas, oil, or coal bed methane, utilization of land for commercial alternative energy generation, death of landowner and temporary leases.
Proposed Pennsylvania Legislation (2011-2012 Session):
- Senate Bill 1298: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for definitions and for appeals.
- Senate Bill 1243: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for the purchase of agricultural conservation easements.
- Senate Bill 1309: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in consolidated county assessment, further providing for appeals by taxing authorities.
- House Bill 339: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, providing for payments to certain local taxing authorities to offset assessments reduced under this act.
- House Bill 1213: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for applications for preferential assessments.
- Senate Bill 301: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974, further providing for split off, separation or transfer.
Proposed Pennsylvania Legislation (2009-2010 Session):
- House Bill 208: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (further providing for split-off, separation or transfer).
- House Bill 660: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (providing for removal of land from preferential assessment and for continuation of preferential assessments).
- House Bill 984: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (further providing for split-off, separation or transfer; and providing for removal of land from preferential assessment).
- House Bill 1788: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (providing for payments to certain local taxing authorities to offset assessments reduced under this act).
- House Bill 1823: An Act amending the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (further providing for applications for preferential assessments).
Pennsylvania Legislative Hearings:
- Pennsylvania House of Representatives
Other Legislative Documents:
Government Agencies
Pennsylvania Department of Agriculture:
County Clean and Green Resources:
Publications
Some of these articles may only be available at a law library or accessible online for those with LexisNexis, Westlaw, or other electronic database accounts. Some hyperlinks may only be available for those users with access to HeinOnline.
Law Review Articles:
- What a Short, Strange Trip It’s Been: Moving Forward After Five Years of Marcellus Shale Development,Ross H. Pifer, 72 U. Pitt. L. Rev. 615 (2011)(see pp.631-632)
- Clean and Green: Tidying Up the Farm Tax Subsidy, Joshua Wilkins, 115 Penn St. L. Rev. 473 (2010).
- Wending Creek 3656, LLC V. Potter County Board Of Assessment Appeals: "Developing" A New View of The Clean And Green Act, Jeffrey M. Spotts, 16 Widener L.J. 661 (2007).
- Taxation Effects on Land Development and Conservation, James M. McElfish, Jr., 22 Temp. Envtl. L. & Tech. J. 139 (2004).
- Saenger v. Berks County Board of Assessment Appeals: Split-Offs with Continued Agricultural Use Can Turn "Clean and Green" to Soiled and Brown, Lori Ann Pantelich, 9 Widener J. Pub. L. 781 (2000).
- Preferential Assessment of Agricultural and Forest Land Under Act 319 of 1974: Entering the Second Decade, John C. Becker, 90 Dick. L. Rev. 333 (1986).
- Agricultural Land Preservation: Can Pennsylvania Save the Family Farm?, Christopher P. Markley, 87 Dick. L. Rev. 595 (1983).
Other Publications:
- Validity, construction, and effect of state statutes affording preferential property tax treatment to land used for agricultural purposes, Wayne F. Foster, 98 A.L.R.3d 916 (2010).
- Tax Incentives For Preserving Forests In Pennsylvania: What Do Public Officials Think?, Michael G. Jacobson & Marc E. McDill, J. Multistate Tax'n, Nov. 14, 2004, at 18.
- Pennsylvania Legislator’s Municipal Deskbook: Clean and Green (Third Edition, 2006).
Links
(Updated June 2012)