The right to develop, or prevent development, is only one of the many rights in a property owner's "bundle of right's". Some of the right's in the bundle are the right to sell, lease, mortgage, leave to heirs, mineral rights, air, and surface right's, etc. After selling a conservation easement, the owner retains ownership of the farm and all other rights of ownership, however, the farm must continue to be used for commercial agricultural production. The landowner also is permitted to construct one additional residential structure for himself, an immediate family member, or an employee of the farm. Note with the adoption of Act 33 of 2019, landowners may subdivide off an existing house located on a preserved farm. However, this removal of a house, which predates preservation, is in lieu of constructing the additional residential structure granted by the conservation easement.
Selling the conservation easement would not prevent the construction of buildings for agricultural purposes. Note all Township Ordinances regarding building and construction must be followed. Customary part-time and off-season rural enterprises may not be affected. In addition, coal, oil, and gas exploration, as well as, granting right-of-ways for utilities or transporting coal, oil, and gas would be unaffected by the easement sale. Granting a private right-of-way is strictly prohibited.