Schools avoid eminent domain

January 8, 2004

By David George, correspondent

Sun News

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Eminent domain will not be part of any plan to acquire property for Lakewood City Schools' building program.

District officials flatly ruled out any involuntary property acquisition at Monday's school board meeting, thereby avoiding one area of possible controversy surrounding the $167 million school facilities plan.

"Acquisition will depend on what residents of the area decide," board member Linda Beebe said. "There will be no eminent domain."

Beebe made her remarks as the board gave preliminary approval to the purchase of a pair of homes on Cohassett Avenue, near the current Garfield Elementary School. The Detroit Avenue school is the proposed site for one of two new middle schools under the district's building and remodeling plan. Eminent domain, a legal process under which a public authority can purchase property without the owner's consent, was at the heart of a controversial development plan for Lakewood's west end last year.

A plan to acquire a number of apartment buildings, homes, and businesses using the process was approved by City Council, but subsequently rejected by voters.

Lakewood school officials clearly don't wish to repeat that bitter debate over forced property acquisition, although public uses such as schools are a more accepted use of the tactic.

"There are no votes for (eminent domain) here," board vice president Ed Favre said after the meeting.

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