One parcel, two trials?

[EagleDad]

lacy said:

The land owners do have the right to get the highest value they can for their land. Some of the proponents of this site may not like that, but it's true.

That is incorrect. They have a right to get a fair and equitable value, not the highest possible value.

Emminent domian is not a bidding war or a chance to get the highest bid. There are public needs of the greater good that override the motive of profit in some narrow circumstances. This is one of those situations.

[movingforward]

eagledad said:

lacy said:

The land owners do have the right to get the highest value they can for their land. Some of the proponents of this site may not like that, but it's true.

That is incorrect. They have a right to get a fair and equitable value, not the highest possible value.

Emminent domian is not a bidding war or a chance to get the highest bid. There are public needs of the greater good that override the motive of profit in some narrow circumstances. This is one of those situations.

Exactly.

I'm feeling that we may be rushing to conclusions a bit too quickly...

My hunch is that the release of the info by the trust to the reporter (article which started this thread) was designed to elicit the exact response from the public that it did...causing concern, speculation, doubt, etc . etc.

While I agree that there may come a time when we need to move on to Plan B, I don't think we are there just yet....lets see where the court takes this....and yes, if we see that it will be dragged out ridiculously beyond Sept. 17 then the SD should absolutely consider pulling out Plan B.

[EagleDad]

Fear, uncertainty, and doubt you say...

It can be a powerful tool. The real mettle is often in those who see it for what it is.

[doctorwho]

driven said:

lacy said:

While it is dissapointing to have yet more delays, in reading the article I was struck by two things that I do think their side is right about.

The land owners do have the right to get the highest value they can for their land. Some of the proponents of this site may not like that, but it's true.

And the potential jury pool is most definitely tainted against them at this point. It's not shocking to me that they would want to move the trail to another location.

I think the SB needs to cut and run. If they are serious about building a third high school and delivering it by 2009, they need to move on to another site.

I completely agree! What is the obsession with this property? It's basically a "get this property at ALL costs" mentality. It doesn't matter what the financial burden is. What are our legal fees to date? How about purchasing land someone actually WANTS to sell?

and which land would that be exactly ? It's not as if there are multiple choices here -- unless you want to build in Oswego...It's great to keep ripping on BB land - but what exactly are these great alternatives we are passing up?

[doctorwho]

casey said:

AMEN! The attorneys for BB trust made it clear from the get-go they did NOT want to sell to the District. It was pretty clear that they would drag this out forever thereby incurring astronomical legal costs as well as losing precious time. This shouldn't be coming as a surprise to anyone. I can't understand how the SB (or anyone else for that matter) thinks that all this will be resolved to open a new school in 2009. The SB and community need to move on and find an alternative to BB.

actually they were more than prepared to sell to the district - however only 11% or so of the voters showed up to vote on the referendum the first time -- that is why we are where we are --

[lacy]

blankcheck said:

Protest Preit for what? BB has already gotten their money from their settlement with Preit.

Evidently some people think it would serve a purpose to conduct a public temper tandrum.

[lacy]

eagledad said:

Fear, uncertainty, and doubt you say...

It can be a powerful tool. The real mettle is often in those who see it for what it is.

Unfortunately, the situation is what it is at this point. To think otherwise sounds like denial to me.

[lacy]

eagledad said:

lacy said:

The land owners do have the right to get the highest value they can for their land. Some of the proponents of this site may not like that, but it's true.

That is incorrect. They have a right to get a fair and equitable value, not the highest possible value.

Emminent domian is not a bidding war or a chance to get the highest bid. There are public needs of the greater good that override the motive of profit in some narrow circumstances. This is one of those situations.

They have the right to get the highest price that they can. No different than if you were selling your property. You wouldn't give it away for the greater good, would you? Eminient domain cases have been litigated all the way to the Supreme Court. Not everyone shares your viewpoint.

The SB and the District need to move on.

[blankcheck]

Actually, I think there have been way to many things regarding this whole situation that the public (voters) have been unaware of. They probably knew all along that there were two sets of attorneys way back when. There were other properties they could have gone with but they chose not to and fight a long drawn out battle in court over this piece of property.
The SB made it known that this was the land they were seeking (especially after buying 25 acres). You may call this information FUD, but I think as taxpayers of this district we have a right to know where our tax dollars are being spent.

[lacy]

lacy said:

blankcheck said:

Protest Preit for what? BB has already gotten their money from their settlement with Preit.

Evidently some people think it would serve a purpose to conduct a public temper tandrum.

That would be tantrum - wouldn't want anyone to get on me for my spelling.

I just think such action would look very foolish and I'm not convinced it would make any difference. They (BB) will continue to fight for what they think they are entitled.

[EagleDad]

lacy said:

eagledad said:

That is incorrect. They have a right to get a fair and equitable value, not the highest possible value.

Emminent domian is not a bidding war or a chance to get the highest bid. There are public needs of the greater good that override the motive of profit in some narrow circumstances. This is one of those situations.

They have the right to get the highest price that they can. No different than if you were selling your property. You wouldn't give it away for the greater good, would you? Eminient domain cases have been litigated all the way to the Supreme Court. Not everyone shares your viewpoint.

Indeed, not everyone does share my viewpoint, which is why this is a great place to live. However, the law states that BB is due to "just compensation", not your "highest price".

That said, yes it is very, very different than "If I were selling my property". This is a condemnation proceeding, plain and simple, and we should not forget that. We also should not forget that the just compensation is as of the date of the condemnation filing (which IIRC is circa 2002). All the dalay tactics in the book will not buy a penny more.

Lacy, you may be mixing your personal views into this. It does not change the facts of the process.

[bob]

Blankcheck, how do you know that PREIT sent the money for the property?

[EagleDad]

lacy said:

blankcheck said:

Protest Preit for what? BB has already gotten their money from their settlement with Preit.

Evidently some people think it would serve a purpose to conduct a public temper tandrum.

What you might label a "tantrum by some people", others might refer to as an outpouring of public support for the needs of the larger community as a whole that have been decided by the residency.

Frankly, I don't know, or care, who PREIT is, but maybe it's time that Brach Brody comes to learn, through PREIT, that just possibly obstructionism and delay is a two way street - including the land they already hope to sell. If this is they way to send them the message, so be it.

If BB are so worried about their wallets maybe Preit should learn that the new businesses they hope to launch mught bear the consequences.

All I know is we are a community, and I as a resident back those who support that larger community, not those who fight against it at every turn - espeecially when it come to the education of children in the area. I am just one man, but I wonder if others feel the same.

But, if PREIT wants to sit by and watch this happen, while there investment in the community is in Jeopardy, that is their perrogative.

[doctorwho]

eagledad said:

lacy said:

They have the right to get the highest price that they can. No different than if you were selling your property. You wouldn't give it away for the greater good, would you? Eminient domain cases have been litigated all the way to the Supreme Court. Not everyone shares your viewpoint.

Indeed, not everyone does share my viewpoint, which is why this is a great place to live. However, the law states that BB is due to "just compensation", not your "highest price".

That said, yes it is very, very different than "If I were selling my property". This is a condemnation proceeding, plain and simple, and we should not forget that. We also should not forget that the just compensation is as of the date of the condemnation filing (which IIRC is circa 2002). All the dalay tactics in the book will not buy a penny more.

Lacy, you may be mixing your personal views into this. It does not change the facts of the process.

Exactly, as one viewpoint is not shared by all on ANY subject on this board. They are entitled to 'fair and just' compensation as of the date of condemnation, not the highest possible price at any time. Let us also not forget that unless my facts have become muddled during this... there are no living heirs in this matter.....this has become a case of obstructionism IMO ( and my opinion only ) - for reasons unknown.

Also again the properties we passed up are ? and ? Who else wanted to sell to us except one developer, late to the party looking to move property that is selling slowly and for a total cost far above what has been bid on the BB property...yet that seemed OK to some because it gave them something else they wanted. Bolingbrook went out of their way to make sure we could not secure their piece of property because their mayor wanted large homes their not more space for the Bolingbrook kids who attend our school system. There was a church property, but they did not want to sell either. One site was too far north and one too far south anyway - but nether was lining up to sell to the SD. So again where are all those 80 acre parcels we keep passing over ? And where are any other central to the district ? If there was some perfect alternative, or one that works reasonably well, there might be more support for stopping BB pursuit, I just don't see it.

[doctorwho]

lacy said:

lacy said:

Evidently some people think it would serve a purpose to conduct a public temper tandrum.

That would be tantrum - wouldn't want anyone to get on me for my spelling.

I just think such action would look very foolish and I'm not convinced it would make any difference. They (BB) will continue to fight for what they think they are entitled.

No one said anything about a temper tantrum I have read so far, as I agree an ill planned, random act of silliness would be just that, however people stand up for causes far less important all the time....would Thoreau's writings on civil disobedience be a temper tantrum document ?

Obviously they are more than a little uncomfortable with the press they might get in Dupage and wanting to move the case to an area where people will not care about the outcome....maybe a little more uncomfortableness would get them to stop this delay nonsense ......maybe, maybe not but watching this go on without doing anything is certainly not going to change matters