The Pennsylvania Supreme Court last week overturned a lower court decision allowing the Ephrata Area School District to build a road on farmland preserved with a conservation easement.

“Pennsylvania is a national leader in farmland preservation,” said Matthew Royer, Pennsylvania staff attorney for the Chesapeake Bay Foundation. “The Supreme Court's ruling bolsters this status by giving holders of open space easements the clear right to ensure that land is permanently protected. The court affirmed that an easement holder cannot be left without a say in whether construction may occur on preserved farmland. Without this decision we could have seen an open season on preserved farms and open space throughout Pennsylvania.

“CBF has a longstanding partnership with farmers and farm organizations throughout the Commonwealth, and works with farmers to ensure healthy, profitable farms. Farmland preservation programs are critical to the vitality of the agricultural economy, as well as to the protection of water quality in local streams, rivers, and ultimately the Chesapeake Bay.”

The Chesapeake Bay Foundation filed an amicus brief in the case, along with the Lancaster Farmland Trust, Lancaster County Conservancy, PA Farmland Preservation Association, Lancaster County Coalition for Smart Growth, Pennsylvania Land Trust Association, County Commissioners Association of PA, and the Centre County Agricultural Land Preservation Board.

1/4/2008