In re Condemnation by the Manheim Township School District

PEREZOUS, J,

This matter is before the court on preliminary objections filed by the condemnee, Robert G. Ulrich, against the declaration of taking filed by the condemnor, Manheim Township School District. Specifically, the condemnee contends that the school district cannot exercise the power of eminent domain in this case because: (1) the school district has not provided sufficient justification for the taking and, thus, has not established legal “necessity”; and (2) the conversion of the property to a “non-agricultural use” conflicts with state policy. The condemnor, however, *160contends that…