In re CONDEMNATION OF 30.60 ACRES OF LAND Owned by Josie E. Buckwalter and Nancy Buckwalter, his wife, Located in Manheim Township, Lancaster Co., Pa., by Manheim Township School District and Township of Manheim for the Purpose of Constructing an Elementary School and Park (Two Cases); Appeal of Josie E. BUCKWALTER and Nancy Buckwalter. Appeal of Josie E. BUCKWALTER and Nancy Buckwalter, Condemnees, 132 Pa. Commw. 158

Summary

Appellee township and school district decided to take appellant landowners' land for joint use as a school and park. Appellants filed preliminary objections. Appellees sought a writ of possession. The trial court denied appellants' preliminary objections and granted appellees' writ of possession. The court affirmed the order of the trial court. The court held that the condemnation did not violate The First Class Township Code, 53 P.S. §§ 55101-58502, and the Public School Code, 24 P.S. §§ 1-101 to 27-2702. The court found that 53 P.S. § 483 authorized a school district and a township to cooperate in the performance of their respective duties and therefore enter into an agreement to jointly condemn and develop land. The agreement between appellees did not violate 53 P.S. § 487. It contained a specific duration and did not have to identify how the parties intended to dispose of the property. The trial court did not violate 26 P.S. § 1-407 by granting appellees possession of the land ...