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Post by rew on Nov 11, 2007 15:25:56 GMT -6
Are we certain they have to sue to get their attorneys fees? Condemnation rights comes with it responsibilities. You have to give some kind of disincentive so that public entities don't resort to condemnation too easily.
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Post by momof3 on Nov 11, 2007 15:39:37 GMT -6
I guess my comment would be since we have filed a motion and set a hearing date of Jan 8, do people think the SB is going to announce an alternate site BEFORE then? Only if it's a donation. Now that is an optimist for you! A donation from the park district or Macom? Or both! eta - And PL could sweeten the deal for the district by agreeing to free consulting help getting the school finished on an accelerated schedule!  |
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Post by rew on Nov 11, 2007 15:41:07 GMT -6
Is the northern site a shoe in becasue Dr D just happens to live across the street?
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Post by proschool on Nov 11, 2007 15:59:51 GMT -6
Are we certain they have to sue to get their attorneys fees? Condemnation rights comes with it responsibilities. You have to give some kind of disincentive so that public entities don't resort to condemnation too easily. I don't know if they have to sue or not. Aren't emininent domain rights established in the constitution? Can they make a law that makes the excercise of a constitutional right a disincentive? |
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Post by justvote on Nov 11, 2007 16:03:47 GMT -6
WVHS is not putting BB behind us, the SB is. They have stated that they will not be purchasing the property at the current price. Why on earth would BB lawyers want to negotiate the price? What incentive do they have? Their only objective is to drag this on into eternity to rack up legal fees. Once the property is sold, the well is dry for them. They probably would love nothing more than for the judge to grant us a new trial, so they can drag this on even longer. There are no heirs encouraging them to negotiate with us to sell us the land. The SB can't go back to the voters for more money for BB as there's too high probability of failure. They've already stated that the land cost has prohibited them from building a comparable high school on BB. Although I hate to say it, I think BB is all but history. From "the rumblings around town", everything now points to a northern site (although probably far from a done deal). I just don't see the advantage to dropping BB for a northern site that is "far from a done deal." The northern site will come in late and probably be over budget. If have a price in mind then I say consider it now and consider it quickly. True the lawyers have no incentive to sell. But the landowner (the BB trust) does have the incentive to sell it for more money than they may be able to get anywhere else. The BB trust sold land to Costco and to PREIT so why not us? If BB goes away we are at a weak position to negotaiate with any other seller. They could ask for even more money. BB doesn't go away UNTIL the SB is done negotiating with the seller of the other sites. That being said, I just don't believe that BB is a serious alternative at this point. The SB drew the line in the sand when they went on record stating that they would not pay the set price. The only hope for a site at BB is the SB being granted a new trial (fat chance) or if BB decides they want to negotiate with us (fatter chance - IMHO). The northern site may or may not come in over budget, but we already know that BB will and the SB deems that unacceptable. I wish they'd consider finding alternative sources for the additional funds (with the exception of another referendum, which would be a disaster) as BB is a far better location. |
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Post by momof3 on Nov 11, 2007 16:10:43 GMT -6
Unfortunately, I have lost hope for BB.
Ensuring that we never get that property is the best advertisement Steve Helm & Associates could ever hope for.
Not necessarily best for the land owner in the long run, but they were hired to fight us, not make a deal with us, and that is what they've done.
eta - funny thing is, they (landowners) could probably get a pretty sweet deal from the district right now, SH doesn't care, his fees are his fees, so I hope they keep listening to him and end up with a crummier deal in the long run!
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Post by proschool on Nov 11, 2007 16:21:16 GMT -6
I guess my comment would be since we have filed a motion and set a hearing date of Jan 8, do people think the SB is going to announce an alternate site BEFORE then? Don't we pay the BB estate interest on the purchase price every day that we don't purchase the land? Or did that end when the motion was filed. If the district is not paying interest then would can do that. But what is the point to paying the interest if we are never going to purchase the land? |
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Post by rew on Nov 11, 2007 16:29:15 GMT -6
I have been led to believe that , no, we are not paying interest, currently.
I just wonder why, if BB was considered the best location and Macom is 2.5 mi from BB and the northern site is 6.3 mi from BB, why is the northern site secon best?
The RR tracks are the same and the power lines are the same, only the northern site has a substation that's four times as large.
The Macom price is $21M, last known offer. The AME site is 70 acres, so the price that AME has to beat is $300K/acre. Do people believe the pastor is well below that price? If he is, maybe I would like to make an offer on the land.
I am just wondering why it seems that folks feel the northern site is more likely.
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Post by momof3 on Nov 11, 2007 16:30:08 GMT -6
I guess my comment would be since we have filed a motion and set a hearing date of Jan 8, do people think the SB is going to announce an alternate site BEFORE then? Don't we pay the BB estate interest on the purchase price every day that we don't purchase the land? Or did that end when the motion was filed. If the district is not paying interest then would can do that. But what is the point to paying the interest if we are never going to purchase the land? IIRC that whole idea came from some quote in the newspaper from someone unfamiliar with our particular case. Who knows if that will happen or if it would hold true if BB and the district come to an agreement outside of the judgement. Metea site is getting costlier
Whatever happens, Dist. 204 pays more
By Melissa Jenco | Daily Herald Staff------------------------- If the district chooses not to buy the Brach-Brodie site, it will have to pay the property owners' legal and expert witness fees from the condemnation trial. School board President Mark Metzger said that number is estimated to be at least $4 million. He said the district is keeping that potential cost in mind during its deliberations. But there also are extra costs lurking if District 204 proceeds with the purchase. If a school district buys land it condemns, it has to pay interest on it at a rate of 6 percent a year, according to Jim Wilson, head of litigation at the Shefsky and Froelich law firm in Chicago. For a property worth $31 million, the district is racking up charges of nearly $5,100 for each day it takes to decide whether to buy the land. -------------------------- eta - It's unclear if we owe 6% per year, so every day since Dec 2005, or every day since the verdict. |
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Post by proschool on Nov 11, 2007 16:39:54 GMT -6
...so the judgment cost is going up $5100/day but we don't pay if we walk away and if a settlement is made then a settlement is made?
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Post by Arch on Nov 11, 2007 16:40:05 GMT -6
I wouldn't put it past anyone to have bumped their price well above the last known offer...
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Post by wvhsparent on Nov 11, 2007 19:30:13 GMT -6
I guess my comment would be since we have filed a motion and set a hearing date of Jan 8, do people think the SB is going to announce an alternate site BEFORE then? Probably not, unless it is soon at the right price and they can get some work started quickly. By all means keep all options open, including BB. IMHO I do not think there will be a 2009 opening. Although the SB did state they are more agreeable to a phased in building than before. opening most of the building needed for Frosh/Soph. For that matter most of the parking lot could wait too...... |
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Post by proschool on Nov 11, 2007 19:38:48 GMT -6
I have been led to believe that , no, we are not paying interest, currently. I just wonder why, if BB was considered the best location and Macom is 2.5 mi from BB and the northern site is 6.3 mi from BB, why is the northern site secon best? The RR tracks are the same and the power lines are the same, only the northern site has a substation that's four times as large. The Macom price is $21M, last known offer. The AME site is 70 acres, so the price that AME has to beat is $300K/acre. Do people believe the pastor is well below that price? If he is, maybe I would like to make an offer on the land. I am just wondering why it seems that folks feel the northern site is more likely. I think the price if the Macom site included the mass grading and storm water retention. |
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Post by momof3 on Nov 11, 2007 20:40:26 GMT -6
Regarding hurry - up construction -
everyone keeps referencing how quickly Oswego East was built, but I heard some unconfirmed rumors that there are some problems with the building - leaks, etc.
Any truth to that?
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Post by doctorwho on Nov 11, 2007 20:54:54 GMT -6
Regarding hurry - up construction - everyone keeps referencing how quickly Oswego East was built, but I heard some unconfirmed rumors that there are some problems with the building - leaks, etc. Any truth to that? We have friends that attend there, and I was there earlier this year for the WV - OE volleyball match -- I have not heard anything negative, but I'll ask. |
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