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Eminent Domain
West Haven council OKs use of eminent domain to acquire land for

West Haven council OKs use of eminent domain to acquire land for ... New Haven magnet school


The New Haven Register

 

WEST HAVEN — The City Council has agreed to advance the eminent domain process — at New Haven’s financial expense — to acquire four properties that may eventually accommodate a New Haven magnet school.

The city will now exercise eminent domain rights on 506 and 516 Orange Ave., 23 Daytona St. and 34 Rockview St. for what is expected to be the future home of the Engineering and Science University Interdistrict Magnet School, which currently exists in New Haven and Hamden locations. The building project involves collaboration between West Haven, New Haven and the University of New Haven.

The state is funding 95 percent of the project, while New Haven will pay 5 percent. ESUMS is seeking that specific area in West Haven because of its proximity to UNH, as students of both institutions will work together and ESUMS students will have the chance to take college courses.

“We are taking our public school funds and putting them into this facility, which we think will be something very special,” attorney Timothy Yolen, who represents ESUMS, told the council Monday night. “I think West Haven, New Haven and UNH all understand the potential importance of this. This is a New Haven school that guarantees West Haven citizens a certain percentage of the student body.”

UNH and New Haven have been able to negotiate purchase deals for 19 other nearby parcels. At ESUMS’ urging, the council last month allowed early eminent domain steps to be taken for four remaining pieces of land, which required Yolen to negotiate with land owners on behalf of West Haven. But deals on these four inactive parcels, which includes three commercial plots and one residential piece, were not reached.

New Haven will pay for all eminent domain-related costs and any future legal expenses, Yolen said. Council members said they want to ensure that West Haven will bear no cost for the entire project.

According to Yolen, West Haven should be able to acquire the four properties under eminent domain before Dec. 31, which will mean “we should have no problem having shovels in the ground by June, which is the legislative requirement for the use of the money.”

Some council members said they supported the idea, but still had questions. Member David Forsyth, as well as John Lewis and James O’Brien, said they worry about having enough parking at the school. Principal Medria Blue-Ellis said there would be parking only for teachers, adding that students would not be allowed to drive to school and events would be held when UNH parking could be utilized.

Council Chairman Stephen DeCrescenzo asked about Payment In Lieu of Taxes, or PILOT, money. Yolen and Corporation Counsel Peter Barrett said they don’t believe there will be any PILOT funds paid from the school. They said that if there is any PILOT money, it will go to West Haven.

ESUMS, which currently serves 240 students from several towns, has been operating for four years and adds a grade each year. It is looking for one location to house grades six through 12. Parents and students, as well as Blue-Ellis, made impassioned pleas at last month’s council meeting, urging officials to take advantage of eminent domain rights.

When the school is built, about 20 percent of openings, or 125 spots, will be earmarked for West Haven youths, while New Haven gets 55 percent, and other towns will have 25 percent. The school eventually will accommodate about 616 students.

Call Susan Misur at 203-789-5742. Follow her on Twitter @NHRsusan.

 

http://www.nhregister.com/articles/2012/08/28/news/metro/doc503d4f6d5a934039053827.txt