Morgan committee talks eminent domain
“Team for a Common Vision, the group of community members tasked with recommending a course of action to the Ellensburg School Board on the Morgan Middle School issue, heard presentations considering eminent domain on Wednesday.
The Ellensburg School District is running a bond in February to address space, structural and seismic issues at Morgan Middle School. The group is made up of 20 members who have expressed interest in or a strong opinion about the Morgan project in the past. Final decisions about plans will be made by the school board.
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Stephen DiJulio, Seattle-based land use attorney, discussed eminent domain and ways to gain land.
School districts have the authority to acquire property for school sites, and that has been part of the law since 1903. Eminent domain allows a government to attain private property for public use, out of public necessity, DiJulio said. The process can’t be used by commercial operations.
The school board, as a municipal corporation, makes an initial determination, but the courts act as a check on that authority.
An entire property acquisition using a willing seller and buyer uses a fair market value calculation.
When doing a condemnation effort, the team consists of a project manager, a right of way/relocation specialist, an appraiser, a land-use planner/architect and an attorney. The group may consider partial acquisitions and the cost of paying damages to remaining lands before and after the acquisition.”
Rollins, Scott. Daily REcord 17 July 2014.