Act 154 of 2006

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Act 154, signed into law on 11/29/2006 by Governor Rendell, facilitates local government partnerships with land trusts. The Act empowers local government units to:

1. appropriate money to a land trust “for the acquisition or conservation and preservation of interests in real property for the purpose of achieving open space benefits…” (including costs of appraisals, legal services, title searches, document preparation, title insurance, closing fees and survey);
2. transfer open space property interests to a land trust with or without consideration; and
3. create a “Local Land Trust” subject to various accountability measures.

While a number of local governments and land trusts have found ways to partner on projects, Act 154’s authorization for the above activities will greatly facilitate partnerships. Additionally, the Act enables local governments (excluding counties in this case) to use voter authorized millage and earned income tax rate increases—previously confined for purchase of open space interests and retiring indebtedness incurred in acquisitions—to be used for incidental transactional fees such as appraisals and legal services. Additionally, the Act enables local governments (excluding counties in this case) to use voter authorized millage and earned income tax rate increases—previously confined for purchase of open space interests and retiring indebtedness incurred in acquisitions—to be used for incidental transactional fees such as appraisals and legal services.