Hinton School hopes to secure land without eminent domain
Tuesday, November 11, 2008
Hinton School Board members agreed Monday to look at building an elementary school on 20 acres near the school with the possibility of obtaining that land through eminent domain.The resolution, which was approved with a 4-1 vote, will allow board members to continue negotiations with Kevin and Annette Held to purchase 8 acres adjacent to the existing school building and 12 acres west of the school.
Board member Randy Riediger voted against the resolution.
Should the board decide in the future to start the eminent domain process, it would take another resolution and vote to do that.
The measure approved Monday gives the board “flexibility,”said Al Steen, Hinton School superintendent.
School board members said they hoped obtaining the land would not require the use of eminent domain. Many of the about 70 people, who attended a public hearing prior to the vote, shared similar views.
“We hope to achieve a likewise satisfactory agreement on both sides,” said Robert Held, school board president. “Both sides have the ultimate goal in mind.”
Annette Held, a distant relation to Robert Held, said she and her son, Kevin, have always been “willing sellers.”
“We are not fighting moving,” Annette Held said. “We realize that it’s no longer feasible or practical to have the farm headquarters in this location. The situation has changed in our community and so things have changed with us.”
Annette Held said the problem they’ve had is finding a new location for the farming operation because of a lack of available farmland and the challenge and risk of moving in an uncertain economy.
“It’s not going to be easy and it’s going to take time, but move we will,” Annette Held said.
She said they have been pursuing a property for months and kept getting a “no I’m not ready” answer, but in the last few days that landowner came to the Helds and said he may be willing to sell.
“We’ve already started negotiating with these people and hope to have results in the near future,” Annette Held said.
Others at the public hearing shared their opinion for and against the use of eminent domain.
Many thought the district should use 20 acres of land it already owns west of Marrland Heights, and were not in favor of using eminent domain.
“Eminent domain is not fun and takes a lot of money,” said Mark Held who lives 2 miles south of Hinton. “Why don’t we use the (20) acres already owned without having to spend money through condemnation.”
During the board’s regular meeting, Robert Held explained why board members have shied away from using those acres already part of the 40 jointly owned by the City of Hinton.
He said the “very, very overwhelming majority didn’t want to use it,” recounting responses from the people attending an informational meeting in July.
That option would also require extensive earthwork, he said.
“We can’t build a school on the side of a hill,” Robert Held said. “We would have to level 3 to 5 acres for school building.”
Still others at the hearing Monday voiced opinions in favor of the possibility of using eminent domain to obtain the land.
Ken Spies, a member of the public, said the board is again actively began pursuing the property without results.
“The longer we wait to construct the more it’s going to cost,” Spies said. “It seems like we’ve been talking back and forth for a year, and we’re not getting anywhere. You got to get moving on this as soon as possible.”
Ed Vondrak, school board vice president, chose what he called the “broadest” option when he made his motion to approve the resolution and because it is necessary for the board to keep open the possibility of using eminent domain.
“We need to keep moving forward,” Vondrak said. “I hope eminent domain is not necessary.”
Annette Held wrapped up her comments at the public hearing by reminding everyone the family made a counteroffer to the district after its initial $400,000 offer, and are in the process of trying to relocate.
“Those are our efforts toward resolving this issue,” she said. “We do want to cooperate with the school district and move on with the transaction.”
Robert Held, board president, clarified the offer the Helds made a few months ago never reached the school board because of a request from the Helds that the information be kept private.
That request could not be honored because the school board is a governmental entity dealing with public tax dollars.
Since then the Helds have said they would be open to public negotiations so the counteroffer, which has been kept in confidence with the school district’s attorney, will be delivered to the board for its consideration and reported at a future meeting, Robert Held said.
“We hope to use negotiations as a tool in our toolbox, however, if that is unsuccessful, eminent domain is a tool that may be used,” Steen said.