PennDOT Attempts to Take Protected Farmland to Build Controversial Exit 7 Highway Project - Again

CONTACT:
Thomas Linzey, Esq.
709-0457

FOR IMMEDIATE RELEASE

Chambersburg (May 2) - In the next act of a seemingly endless saga in which PennDOT continues to attempt to take protected farmland in Franklin County for an Interchange project opposed by Township Supervisors and family farmers, the agency has filed a request with the State's agricultural preservation board to condemn that farmland. PennDOT's application seeks to condemn farmland protected within two Agricultural Security Areas (ASA's).

The ASA's were established specifically to protect farmland from development and were the subject of a 1999 lawsuit by a farm couple against PennDOT, brought when the agency refused to submit its farmland condemnation to the State's agricultural preservation board for approval. The Pennsylvania Supreme Court ruled last year in favor of the farm couple and ordered PennDOT to obtain the board's approval of the project. On April 24th of this year, PennDOT filed its full application with that board.

Tom Linzey, the attorney for the farm couple, declared that "PennDOT's drive to take this protected farmland from family farmers flouts and undermines this Commonwealth's stated commitment to farmland preservation. Over the last three years - and after losing several times in the highest courts in this state - PennDOT continues to try to pave over prime farmland. PennDOT is truly an agency out of control and out of touch with the farmland protection policies of this State."

The agricultural land preservation board - known as the Agricultural Lands Condemnation Approval Board or "ALCAB" - is composed of six individuals. Those six individuals include two active farmers, and one representative each from the Department of Environmental Protection, the Governor's Office, the Department of Agriculture, and PennDOT.

Due to obvious conflicts of interest, the farm couple and Greene Township - a municipality participating in the case in opposition to the proposed interchange - have filed a motion to disqualify the PennDOT representative from the board. A ruling on that motion is expected early next week.

LaMar and Lois White, the farm couple targeted by PennDOT for farmland condemnation, have remained steadfastly opposed to the proposed interchange over the past ten years. Mr. White explained that "farmland to a farmer is much more than just ground - it represents a way of life for family farmers. We've hauled PennDOT into court to force them to obey state law. Now we'll continue to fight to protect our farmland." The ALCAB hearing is scheduled to be held from May 9 -11 at Shippensburg University's Memorial Auditorium.