(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.