Sheila Drewen-Mayer, Paralegal
Brendan P. Burke, Esquire

In 2004, Smarty Jones drew national attention to thoroughbred horseracing and Pennsylvania's equine industry for his famed run at the Triple Crown. But, long before Smarty Jones, horses have played an important role in Pennsylvania's economy, history, and quality of life. 

More than one million acres of Pennsylvania's open space is attributable to the equine industry, and more than ten billion dollars in revenue is generated each year by equestrian activities. In 2004, the Pennsylvania legislature proposed changes to its agricultural easements program, which, if signed into law, will help preserve this tradition of equine excellence.

How Agricultural Easements Preserve Farmland
In order to conserve land used for farming and equestrian sports and to maintain our agricultural tradition, the Pennsylvania Legislature has improved upon its program for land preservation through agricultural conservation easements. An agricultural conservation easement is an interest in land, which represents the right to prevent development of a parcel for any purpose other than agricultural production.

Easements are successful because they provide both capital and protection to agricultural landowners. Farmers sell the development rights of their cropland to the government. In return for the rights, farmers obtain the money necessary to continue the economic viability of their agricultural operations as well as certain protections from nuisance lawsuits arising from these operations. As a result, the land is preserved for agricultural production. Almost 300,000 acres of farmland have been preserved since the creation of the Agricultural Land Preservation Board in 1989.

Easements and the Equine Industry
Under previous laws, only breeding farms where horses are "produced" were eligible for easements. In October, 2004, the House Agricultural Affairs Committee unanimously approved House Bill 2801, which expanded the definition of "commercial equine activity" in the Agricultural Area Security Law to include any activity where a fee is collected for: the boarding and training of equines; the instruction of people in handling or riding equines; and the use of equines for riding purposes.  

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