Caledonia Argus

City agrees to join school board on eminent domain pursuit

Posted: 6/25/02

by Jane Palen
Managing Editor

A joint meeting of the Caledonia City Council and ISD #299 School Board Monday evening resulted in the two groups agreeing to proceed with eminent domain in order to acquire access to the new school via Esch Drive. Although there is still room for negotiation with owners of the property, Ma Cal Developers, action taken Monday evening will set the wheels in motion for meeting the 90-day notification requirement necessary before the land can be taken.

Five school board members convened a special meeting during the regular city council meeting. Also present was the districtís attorney, Michelle Guillien of the Parke OíFlaherty law firm, La Crosse.

Guillien told the council that the cityís participation in the condemnation proceedings would be beneficial, at least as far as construction easements are concerned. If a separate action was taken by the city, another 90 day notification period could take effect, delaying the project even more, said Guillien.

Three hundred and seventy feet of Esch Drive has been platted and dedicated to the city, but not constructed. Another 310 feet, from the platted street to the school property line, has not been platted. Guillien pointed out that the school has no standing to condemn the platted portion of the street. Also, she pointed out that the city has to be a part of the action in order for Esch Drive to be a public street. Otherwise, it would be merely a private access road to the school.

The five school board members present, Barb Hurley, David Klinski, Charlie Wray, Cheryl Whitesitt, and Bruce Bulman, voted unanimously to cover legal fees and damages, if awarded, for the construction easement and acquisition of the unplatted portion of Esch Drive to school property, provided that the city be a co-petitioner in the eminent domain suit.

For the city council, Mark Schiltz moved that the city participate with the school district to obtain a 60-ft. right of way and 30 ft. construction easement for the completion of Esch Drive. The vote on the council was split, with Schiltz, Randi Vick and John Klug voting in the affirmative and Mayor Robert Burns and Councilman Paul Fisch voting in the negative.

After the notices are served, the property will be appraised and the school will post a bond in the amount of the appraised value. Then, a public hearing is scheduled to demonstrate the public purpose and necessity of acquiring the street. A jury trial is possible, explained Guillien.

Sewer needs discussed

Mike Davy of Davy Engineering presented the council with a list of recommended improvements to the cityís sanitary sewer system totaling $760,000. Many problems appear to be caused by clear water infiltration of sanitary sewer pipes, said Davy.

The council agreed to investigate financing options for the work.

Top of Page