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PALTA Supports HB 544, Recreational Use

Posted on May 19, 2017 Leave a Comment

The Pennsylvania Land Trust Association sent a letter to the majority and minority chairs of the Tourism and Recreational Development Committee to underscore the association’s support for HB 544.

PALTA Letter to Rep. Millard

HB 544 would amend the Recreational Use of Land and Water Act to limit the liability for personal injury or property damage of landowners who generously open their lands to public use for hunting, bird watching, hiking, and other forms of recreation. It ensures they will not punished for allowing the public on their land at no charge.

The final passage vote for this legislation last year was 187-2 in the House.

The Association’s member organizations work with landowners to conserve their land and to provide safe and responsible recreational opportunities to the public. Landowner fear of liability is often an obstacle to establishing trails and other outdoor recreational opportunities. By providing assurance to landowners that their public-minded decisions to provide access won’t be punished with undue liability, House Bill 544 will expand recreational opportunities for the public.

Landowners and the public deserve the protections and recreational opportunities that this bill promotes. Both of their interests would benefit from the passage of this bill.

Filed Under: Advocacy, Alert/Update Tagged With: legislation

Act now: Growing Greener 3

Posted on June 28, 2017 Leave a Comment

Legislation to establish a greatly expanded Growing Greener 3 will be introduced shortly in the PA House and has been introduced in the Senate. Representatives are being asked by the House’s lead sponsors* to sponsor the House legislation.

Please call or email your state representative ASAP, preferably today but no later than Tuesday. Ask them to co-sponsor the legislation. A link to the memo requesting their cosponsorship is provided below.**

View current list of sponsors.

The legislation establishes a framework for the state to invest $315 million annually to support water protection, land conservation, outdoor recreation, and other environmental projects. Pennsylvania needs this new framework. Growing Greener could provide only $57 million for projects last year.

*Representatives English (R-Allegheny), Carroll (D-Lackawanna), Charlton (R-Delaware), Freeman (D-Northhampton), and Quinn (R-Delaware)

**View the cosponsorship memo (dated 5/17/2017)

Filed Under: Advocacy Tagged With: legislation

Court Hears Arguments in Critical Case for Pennsylvania Parks

Posted on April 9, 2016

On December 7, the Pennsylvania Supreme Court heard oral arguments in the case Borough of Downington v. Friends of Kardon Park, a dispute which has lasted more than seven years. The issue at stake is whether Downington Borough can sell acres of parkland to developers, who would construct retail space and housing units on the site, without public or judicial oversight.

The implications of this case are critical for the future of Pennsylvania’s parks; if Downington is granted the right to sell its public parkland, countless other cash-strapped municipalities might follow suit. Recognizing the danger of this unprecedented threat to public open space, the Pennsylvania Land Trust Association filed an amicus curiae brief with the court.

Video of the proceedings was captured by PCN.

Filed Under: Public Policy Tagged With: PA Supreme Court, public land

State’s 2016-17 Budget Did Not Favor the Environment

Posted on July 18, 2016

This communication was sent to PALTA partners on July 15, 2016

The state’s 2016-2017 budget did not favor the environment:

  • For a second year, Growing Greener lost $15M due to Growing Greener’s dependence on natural gas impact fees, which have dropped dramatically with reduced drilling activities. Growing Greener was competing for these funds with the state’s General Fund, which (absent new revenues) needed the money to keep state government (e.g., DCNR) running.
  • The Hazardous Sites Cleanup Fund, High Performance Green Buildings Program, and Recycling Fund also took hits.
  • DCNR and DEP, having experienced many years of cuts, were both in need of substantial increases to address water protection and other needs. This did not happen.

However, there were some bright spots for conservation:

24% Increase for Farmland Preservation

With the increase in cigarette taxes, the state Agricultural Conservation Easement Purchase Program gets a boost of $5M annually. It moves from $20.485M to $25.485M annually.

More Conservation-Related Real Estate Transactions Excluded from Realty Transfer Tax

PALTA had worked to expand the types of conservation real estate transactions excluded from paying realty transfer taxes. Although many land trust real estate transactions were already excluded, local government transactions involving easements were not. The newly expanded exclusions include:

  • A transfer of an agricultural conservation easement to or from the Commonwealth, a county, a local government unit or a conservancy under authority of the Agricultural Area Security Law;
  • A transfer of a conservation easement or preservation easement under the Conservation and Preservation Easements Act; and
  • A transfer of a perpetual historic preservation easement, a perpetual public trail easement or other perpetual public recreational use easement, a perpetual scenic preservation easement or a perpetual open-space preservation easement to or from the United States, the Commonwealth, a county, a local government unit or a conservancy.
  • Transfers to or by a land bank.

PALTA will be updating its guide to Realty Transfer Taxes in the next few days to reflect the changes in law.

Andrew M. Loza, Executive Director
Pennsylvania Land Trust Association

Filed Under: Alert/Update, Public Policy Tagged With: state budget

Keystone Recreation, Park and Conservation Fund

Posted on February 10, 2017 Leave a Comment

Since 1993, the Keystone Recreation, Park and Conservation Fund has helped communities achieve tremendous and lasting conservation, recreational and economic benefits for the people of the Commonwealth.

Filed Under: Uncategorized

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Land Trusts, Trail Groups, Local Governments, and Other Landowners Get New Liability Protection

October 25, 2018

On October 24, 2018, Governor Wolf signed Act 98 into law. Act 98 amends the Pennsylvania Recreation Use of Land and Water Act (RULWA) to better protect from liability those who open their properties to the public for recreation without charge. Improvements to the law include: Explicitly listing paths, paved and unpaved trails, fishing and […]

Governor Signs HB 2468

June 25, 2018

Governor Wolf quietly signed HB 2468 (and several other bills) into law on Sunday, June 24. The bill is now Act 45 of 2018. A correction to the previous PALTA communication: Act 45 should apply retroactively to McCormick Farm, so, hopefully, the Cumberland Valley School District will cease its pursuit of the farm. The district […]

HB 2468 Is on Governor’s Desk

June 25, 2018

Friday evening, after the Senate passed HB 2468 (37-12), the House voted to concur (177-15) with the Senate’s changes to the bill. The governor is expected to sign the bill. This is a thrilling victory for conservation! This landmark, bipartisan legislation provides a crucial safeguard for conservation easements from the unnecessary exercise of eminent domain […]

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