June 22, 2026, marks the 25th anniversary of the Conservation and Preservation Easements Act. This landmark legislation solidified the legal foundations of conservation easements in Pennsylvania and affirmed them as a cornerstone of the Commonwealth’s public policy. Unique among states adopting similar legislation, the act introduced a novel concept: when the text of an easement document is unclear, courts must effect the meaning that best advances the easement’s purposes and the conservation purpose of the act itself. This innovation broke with the long-standing common law standard favoring the unencumbered use of the land.
Passage of the act was WeConservePA’s first major advocacy endeavor.
The act, twelve years in the making, began with the initiative of State Representative Sam Morris and the collaboration of several conservation stakeholders. Morris, who served in the legislature from 1971 to 1990, co-founded the French & Pickering Creeks Conservation Trust (FPCCT) with his wife Eleanor.
The importance of the legislation was clear to Morris. At the time, a landowner was defying development restrictions of an easement held by FPCCT to construct a 4,800-square-foot house. FPCCT ultimately prevailed with a court order for the building to be removed, but not without a complex litigation struggle that included three separate injunctions, a superior court appeal and remand. The effort drained the organization’s finances and energy, burdens that stronger Pennsylvania law could have largely prevented.
The legislation was first introduced in 1989 with lobbyist Jay Layman tapped to help move it. The bill was initially modeled after the “Uniform Conservation Easement Act” drafted by the National Conference of Commissioners of Uniform State Laws, but a number of significant changes were made. Several, including the introduction of the groundbreaking interpretation principle noted above, were suggested by attorney Pat Pregmon.
WeConservePA was formed, in part, to advance the legislation and joined Layman in this pursuit. When the WeConservePA board hired executive director Andy Loza in 2000, his first assignment and top priority was to get the law enacted.
Opposition was foreseeable given the weight and substance of the proposed policy. Among others, opponents included the coal industry and the Pennsylvania Builders Association. Reflecting on the long road to enactment, Laymen explained that “Pennsylvania is a diverse state with a lot of political dynamics. This was major policy, converting over 400 years of English law into a statute.”
Eight versions of the Conservation and Preservation Easements Act were introduced over its 12-year gestation to make improvements and otherwise address concerns from a range of interests.
In March 2001, House Bill 975 was introduced by Representative Ray Bunt, a Montgomery County Republican who had sponsored previous versions of the legislation. The bill passed unanimously in the House and Senate, and Governor Ridge signed it into law on June 22 as Act 29 of 2001.
Loza commended Layman: “Jay’s unwavering commitment to the passage of a quality bill, his knowledge of the legislative process, and his relationships with stakeholders were crucial to our success.”
Layman emphasized that WeConservePA’s work to educate and engage stakeholders was essential. In addition to Morris and Bunt, he credited Loza, WeConservePA founders Tom Kerr and Dennis Collins (Wildlands Conservancy), Barbara Yeaman (founder of Delaware Highlands Conservancy), John Oliver (former president of Western PA Conservancy), and Bob Struble (White Clay Creek Conservancy) as instrumental to the success.
As of 2025, sixty-six land trusts have protected 341,000 acres of land in Pennsylvania with conservation easements. County and local governments have conserved even more. Most of this land benefits from the protections of the Conservation and Preservation Easements Act.
