Jury in eminent domain trial nearly doubles the bill
“The School District of Beloit is facing a new $382,000 price tag for the Anna Truckenbrod property at 2570 Milwaukee Road.
Jurors issued their verdict Wednesday night on the fair market value of the 4.08 acres of land in the third day of a jury trial in Judge Barbara McCrory’s courtroom.
“The jury is the word of the people and we are satisfied the people have spoken, and we thank them for their service,” said the Truckenbrods’ attorney, Erik Olsen of Eminent Domain Services, upon hearing the verdict.
School District of Beloit Superintendent Steve McNeal, however, said he was disappointed in the verdict for taxpayers. He said he was concerned the jury was not able to know facts on what the district had paid for the other properties adjacent to the Truckenbrod property, which the district purchased.
During their deliberations, the jury had submitted two questions — did the district take more than the Truckenbrod property and what the land would be used for. However, the judge ruled they would be told there is no evidence regarding other property or no evidence provided of what the district is putting there.
“I think the sad part of this is a committee composed of experts in the area of property values during the condemnation process determined a fair market value of $203,000,” McNeal said. “Then you go to trial with jurors who have no background or knowledge of this, are given limited information, no information about the purchase prices of the properties around the Truckenbrod property because of legal limitations and have them make an arbitrary decision based on testimony from witnesses that have no relationship with the Beloit market that use commercial comparables located next to the I-90 corridor as comparables.”
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Gavan, Hillary. Beloit Daily News 22 May 2014.
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