Learn more about Pennsylvania’s Beginning Farmer Tax Credit Program with hear others share about what elements of the program may or may not be working for them.

In 2019, the Pennsylvania General Assembly passed the Beginning Farmer Tax Credit Program to provide tax credits to owners of agricultural assets who sell or rent to beginning farmers. The program was designed to improve land access for beginning farmers by incentivizing landowners to prioritize beginning farmers over other buyers or tenants. In this webinar, we provided an overview of how the program works and discussed whether or not it may be working.

Recorded April 9, 2024

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Farmers and community gardeners share their first-hand experiences of finding and securing land to grow on. Learn about the opportunities and challenges of partnering with community programs for land access, navigating local municipalities, and working with private landowners. You’ll also hear from a lawyer who specializes in food and ag business law.

This session was part of a year-long series of workshops called “Growing to the Next Level” held in partnership with Grow Pittsburgh.

Speakers

Nick Lubecki, Braddock Farm Manager, Grow Pittsburgh
Marlene Van Nelson, owner, Trellis Legal, LLC
Dan Dalton, Three Rivers Hub Manager, Pasa

Recorded on March 16, 2021

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A potentially effective approach is to consider working with farmers who are seeking to transition their land or business to new owners.

While transitioning a farm to new owners could have a number of benefits, from established infrastructure to market opportunities, it nonetheless presents a complex set of important considerations for all involved. Even farm transitions from one family member to another may not be as straightforward as it might seem.

In this webinar, representatives from PA Farmlink explain how they work in Pennsylvania to connect farmers interested in land with landowners looking for farmers. Also, Pasa’s executive director and Village Acres Farm co-owner, Hannah Smith-Brubaker, and Kimberton CSA co-owner Frank Kurylo, share their personal experiences navigating farm transitions.

Speaker information

Pennsylvania Farm Link has been devoted to creating farming opportunities for the next generation since 1994. It was established by folks with a vision for the future of Pennsylvania agriculture and a concern for the effective transition of Pennsylvania farm businesses.

Hannah Smith-Brubaker is the executive director of Pasa Sustainable Agriculture, as well as the co-owner operator of Village Acres Farm and Foodshed, together with her partner, Debra. Hannah and Debra worked with FarmLink in transitioning Village Acres from one generation to the next.

Frank Kurylo, together with his business partner Andrew Turner, took over Kimberton CSA before the 2017 growing season. The pair found their own path to a successful farm business transition that was both illuminating and challenging. Frank also serves as a representative for the National Young Farmers Coalition in southeast Pennsylvania.

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Finding and affording suitable farmland can be a challenge whether you’re seeking land for the first time, or you’re thinking about how to secure land for the long-term stability of your farm business.

During this webinar, Marlene van Es and George Jugovic Jr. of Trellis Legal will discuss best practices and procedures for leasing land and what to consider when purchasing land. They will also explain what the different kinds of agricultural easements are and how they might help you protect your land, as well as how to handle oil and gas issues.

Hosts

• Marlene van Es, Trellis Legal LLC: Marlene is the founder and principal attorney at Trellis Legal, LLC located in Pittsburgh. Her transactional law practice serves small businesses and nonprofits, and specializes in food business and rural and urban agriculture legal needs. Marlene is also a board member of the Pennsylvania Farmers Union and Lawrenceville United, and is a member of the Pittsburgh Food Policy Council.
  
• George Jugovic, Jr., Trellis Legal LLC: George is of-counsel with Trellis Legal, LLC located in Pittsburgh. He is an expert on the Environmental Rights Amendment to Pennsylvania’s Constitution, has litigated important land-use cases, and has represented clients in matters regarding conservation easements, land remediation, and landowner rights under oil and gas leases. He has also taught as an adjunct professor at the University of Pittsburgh School of Law and Duquesne University School of Law.

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In either case, it’s important to understand and consider the full range of lease and purchase arrangements. The type of agreement, and the language contained within it, can have an array of implications on your farm business and whether or not the land you are stewarding is preserved as farmland for the long term.

This resource provides a brief overview of several types of lease and purchase arrangements. The corresponding glossary explains the terms included in the table in more detail. All of the arrangements outlined here can be flexible to suit the needs and interests of the people or groups who enter into them.

For more information about farmland access, leasing, purchasing, and preservation, check out the following resources and organizations.

RESOURCES, TOOLS & PUBLICATIONS

• A Landowner’s Guide to Leasing Land for Farming (Land For Good)
• Ag Lease 101
• Drafting a Lease: Questions For Farmers and Landowners To Ask (Farm Commons)
• Exploring the Small Farm Dream (New England Small Farm Institute)
• Farmland Assessment Checklist (Penn State Extension)
• Financing a Farmland Purchase: Legal basics for traditional and non-traditional farmland purchases (Farm Commons)
• Financing Small-Scale and Part-Time Farms (Penn State Extension)
• Finding Farmland Calculator (National Young Farmers Coalition)
• Finding Farmland Course (National Young Farmers Coalition)
• Fixed & Flexible Cash Rental Arrangements For Your Farm (North Central Farm Management Extension Committee)
• Farmland Leases Built to Last: Content and Legal Context Part I [Podcast] (Farm Commons)
• FAQ: Land Leasing for Your Sustainable Farm Enterprise (Farm Commons)
• Lease: Who’s Responsible for What Under a Farmland Lease? [Tip Sheet] (Farm Commons)
• Lease Termination Tip Sheet: My landlord wants to end our lease. Can the landlord do that, and can I prevent it? (Farm Commons)
• Legal Guide on Land Leasing Options (Penn State Extension)
• Model Agricultural Ground Lease (Equity Trust)
• Northwest Farm Credit Services: Business Tools
• Write it Down! Farmland Leases [Podcast] (Farm Commons)

ORGANIZATIONS

• Allegheny County Conservation District
• Allegheny County Farmland Preservation
• Allegheny Land Trust
• American Farmland Trust
• Equity Trust
• Farm Commons
• Grow Pittsburgh
• Land For Good
• National Young Farmers Coalition
• Northwest Farm Credit Services: Business Tools
• PA FarmLink
• Three Rivers Agricultural Land Initiative
• Western Pennsylvania Conservancy
• Western Pennsylvania Conservancy – Farmland Access Initiative

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