(ContttiiMd from Pag* A 1) that law could have come in July of 1987 when the Bedford Airport Authority applied to ALCAB for farmland to build an expanded airstrip. But when they were denied the request they decided to take other land and did not appeal the condem nation board’s ruling. “We take the stance that we don’t want farmland used, espe cially if there is an alternative,” Adams said. “The case in Lehigh County is additionally distressing because of the elder ly farm couple involved. Curtis Staudt, Lynnport, vice president of the Taxpayers League agrees. “The needs of the school district are debatable as far as when and how large any addition should be built,” Staudt said. “But we must save farmland now. You can build a school any place. And other land is available. Some experts even say it’s better to separate middle school children from the older students.” “Our whole valley where the prime farmland lies is already gone. If this Agricultural Area Security Law is of any value, now is the time for it to work,” Staudt said. No one knows what the court will examine, but the consequ ences could be far reaching. “The ball game is wide open,” Wertz said. “The court could take a narrow view and uphold ALCAB’s decision, or simply say the condemenation approval board made a proce dural error. Conversely, the court could take a wide view and say that school boards are covered by the Pennsylvania School Code and not ALCAB.” The narrow view would be less hazardous for the Agricul ture Security Act. The Act would remain valid and any procedural errors could be changed in accordance with the courts ruling when the appeal was again presented. In the wide view, if the court determines that school boards are covered by the Pennsylvani a School Code and not by ALCAB, land condemnation processes for school districts, like utilities, would become exempt from Act 43. “Such a KUTZTOWN (Berks) Berks County DHIA members gathered Tuesday, December 6, at the Kutz town Grange for their annual meet ing and awards banquet. Hiddenview Holsteins of Robe sonia was again the top herd in milk production at 23,330 pounds, top in butterfat, 855 pounds and top in protein production at 743 pounds. Daview Farms of KuUtown came in second in herd production at 22,091 pounds of milk. Junge Farms of New Tripoli took second in herd butterfat production at 843 pounds and Mertz Brothers of Kutztown took second in protein production with 708 pounds. Meadow Spring Farm ofr Bem ville had the lowest somatic cell count for the year at 133,000. In second place was Harold Dietrichs of Hamburg. Top Fat By Breed Berks County DHIA Awards Carol Dreisbach of Hamburg owns the highest butterfat produc er in the Jersey breed, #409, with Court Has First Test Of Preservation Act move would be a detriment to the Act,” Wertz said. “We don’t want to start a list of groups that are exempt from the farmland preservation law.” For the Snyders, the sleepless nights started last spring when several members of the school board asked them to price 20 acres of their land. “From there things went from bad to worse,” Snyder said. The progression of events that have caused pressure for the elderly couple include, a later request for six additional acres; the hearing before the ALCAB at the Germansville Fire Hall, the on-again, off again referendum the taxpayers league attempted to get on the ballot in November and what appears to be the callousness of old family Mends. “They have burdened me Five Farms (Continued from Pago Al) em Lehigh School District, more than half of the rural citi zens eligible to vote in the dis trict signed a petition to have the issue put on the ballot as a referendum question in the November election. The peti tion was sponsored by the Northwestern Lehigh Taxpay ers League. The local election board agreed to comply with the wishes of the people. But just before the election, the court ruled that the question need not be put up for a vote. While this land condemna tion issue has now become the first test of the state farmland security law, Allan Cook, chair man of the board of the Pen nsylvania League Of Taxpayers says this issue goes deeper than defending the Farmland Law. “As long as school boards have the right to eminent domain and the right to ignore the petition to a referendum, they will take the farm first and then they will take all of us later with the abili ty to tax.” Cook’s prediction may have already surfaced among the people in Bucks County. Some of the neighbors to a farm that has already been condemned have expressed fear that the Hiddenview Holsteins Top Berks DHIA 915 pounds. Highest butterfat pro ducer in the Ayrshire breed is Lydia owned by Heindel Farms of Womelsdorf. Highest in Brown Swiss butter fat production was Emily owned by Dean & Brenda Daubcrt at 938 pounds. Neisha owned by Carl Hollenbach had the high for the Guernsey breed. High Holstein butterfat produc er was Fobes owned by'Plushanski Farms at 1600 pounds. Highest butterfat producer in the Milking Shorthorn was Solo owned by Sam Yoder of Shoemakersville. ’ High Jersey Milk R. Dreisbach, 19,696 M, 747 P, #374. C. Dreisbach, 915 F, #409 Low Somatic Cell Count Meadow Spring Farm, 133,000 Harold Dietrich, 141,000 Most Improved Fat Daview Farm, + 118 lbs. High Lifetime Protein Margo, Hiddenview Holsteins, High Jersey Fat Second Low SCC Elma and Raymond Snyder with the condemnation of my land,” Snyder said. “When you work a piece of ground for forty years and struggle through the depression to pay off the mortgage—it’s discouraging." Snyder’s parents acquired the land when he was three years-old. At age 14, Snyder drove the potato planter that was responsible to generate the Threatened new $ll million new Palisades High School at Kintnersville will cause taxes to be raised out of proportion to their ability to pay. Mary Buck, farm owner, says neighbors have sent her Christmas cards with notes that say they believe they will now be taxed out of their own properties. The Buck farm of 37 acres that lies across Route 412 from the school is in the final stage of the process. This means the matter is before the Board Of View where they will decide how much to pay for the land that has been condemned. The Buck family should have their answer in about two weeks. When Clarence and Francas Lichtenwolmer, Macungie, were first approached to sell their farm of 78 acres to the East Penn School District in Lehigh County, they immediately worked with other farmers in the township and placed their land in an Agricultural Security Area. This caused the local school board to take a second look and hold up proceedings. “The discouraging part is that we have over $3,000 in leg al fees,” Mrs. Lichtenwolmer said. “But you must have an attorney to speak for you in 5,153 P 25 Years Service Donald Lutz High Ayrshire Fat Lydia, Heindel Farms, 828 F High Brown Swiss Fat Emily, Dean and Brenda Daubert, 938 F High Guernsey Fat Neisha, Carl Hollenbach, 760 F High Holstein Milk Marble, Hiddenview Holsteins, 34,363 M High Holstein Fat Fobes, Plushanski Farms, 1,600 F High Holstein Protein Thel, William Howerter, 1,169 P High Herd Milk Hiddenview Holstein, 23,330 M; 855 F; 743 P. High Lifetime Milk Heindel Farms, Lee, 283,372 M; 11,552 F Most Improved Milk Chris Kratzer, 3,191 M; 143 P. High Ayrshire Milk Heindel Farm, Dawn, 21,157 M; 657 P. cash flow from the land in ques tion. In 1927 when he was 23 years-old, Snyder took full responsibility for the farm. He “went to farming” when his parents moved to town. Over the years, Snyder deve loped the fertility of the land. In addition, he made a three-fourth acre pond in the low part of the field, drilled a well and installed a deep well pump to replenish the water in the pond when the potato fields were irrigated. “My fields now have 1,100 feet long rows,” Snyder said. “If they condemn my land, what’s left will be about 200-feet long rows. Anyone who knows fanning knows that cuts down the value of the land that’s left.” So, while the pros and cons of Northwestern Lehigh School these matters,. Still, you feel it when you could have used the money for other things around the farm. Yet through no fault of your own, you need todefend yourself.” The Lichtenworlmers believe every farmer should be part of an ag security area. “Fanners are not informed that an ag security area is not the same as selling develop ment rights,” Mrs. Lichtenwol mer said. “When you are part of an ag security area you receive protection from eminent domain and many of the nui sances from urban neighbors. Later you can still sell your farm, even for development, if you want to.” In Lancaster County, the Manheim Township School Board along with the Manheim Township Commissioners have filed the necessary papers to take Josie Buckwalter’s farm at Lititz R.D. 3. The local officials want the farm, that’s been in the family for several generations, to build an additional school and to use the land for a park. Of course, the Buckwalters have contested the move, but the joint effort that includes the local supervisors adds credibili ty to the beliefs of numerous citizens that the “virus” of emi nent domain power has spread not only through to the local High Brown' Swiss Milk Dean & Brenda Daubert, Liberty, 25,937 M, 894 P High Milking Shorthorn Milk Sam Yoder, 19,425 M; 669 F; 611 P High Guernsey Milk Richard Schlegel, #5, 16,438 M; 575 P. Second High Herd Milk Daview Farms, 22,091 Second High Herd Fat Junge Farms, 843 F. Second High Herd Protein Mertz Brothers, 708 P. Director Listing, 1988-1989 Circuit 1: Daniel Schuler, Fleet wood; David Schuler, Fletwood. Circuit 2: Ray Moyer, New Tri poli; Donald Meyers, Kempton. Circuit 3: Robert Yanos, Dou glasville; Fred Walters, assurance MntAUB of a real dairy food. District’s need for a new school continues to be debated by local citizens, the fateof the Agricul tural Area Security Act lies in the hands of the courts. Governor Robert Casey placed his signature on a bill to preserve farmland last week. This new law provideds fund ing, details implementation and guides how the state farmland preservation program will work. If the court ntles against this elderly farm couple in Lehigh County and allows the school board to take away their prime farmland in an Ag Security Area by eminent domain, the governor may as well have signed a blank piece of paper. Because in that case, the farm land preservation law won’t be worth much. school districts but also now to other local governing bodies as well. The potato farm of Naaman King in Chester County has gone through the condemnation process by the Octorara School Board. And the court sided with the farmer when the appeal was made. But the local school dis trict continues to seek ways to gain control of the entire 102 acres even though the original needs were for 30 acres. The latest appraisals obtained by the district are more than $lO,OOO per acre below the appraisal price given to King by a local realtor before the condemna tion proceedings had started. Whatever the outcome in any of these proceedings, it’s clear that local school boards have gained a tremendous power over the citizens of their district through the growing predilec tion to use eminent domain and to use the courts to find a favor able ruling that will let them use their power. In addition, it’s clear that no property owner in Pennsylvani a, farmer or home owner, is completely safe from the possi bility that some local govern mental body with the power of eminent domain will some day knock on the door and serve a condemnation notice. Maybe it’s a vims after all. Douglasville. Circuit 4: Helene Dreisbach, Hamburg; Robin Phillips, Mohrs ville. Circuit 5: Mervin Brubaker, Womelsdorf; Eugene Brubaker, Hamburg. Circuit 6: Donald Duncan, Robesonia; F. Mark Weber, Mohnton. Circuit 7: Harold Dietrich, Hamburg; Arlan Krick, Lenhartsville. Circuit 9: Richard Hoopes, Hamburg; David Gross, Hamburg. Circuit 10: Forrest Strieker, Wemersville; Paul Zimmerman, Bemville. Owner Sampler; Christine Grubb, Mohrsville.
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