To recap, the university's and the Louisiana Division of Administration's excuse for not releasing the new appraisal was that it was conducted "in anticipation of litigation." Then the university also said it wasn't expecting to be sued over the botched land swap deal, the one where 36 acres of UL's Johnston Street horse farm would be exchanged for Davidson's 4 residential acres on Girard Park Drive to expand UL's campus.
In the latest head-scratching development in the land swap debacle, last week Authement's attorney, Steve Oats, told The Independent Weekly's legal counsel, Gary McGoffin, that the state may expropriate the Davidson property, a legal process also commonly referred to as eminent domain. The state claims if it can't negotiate a deal to buy Davidson's property, it may take the old homes and acreage ' private property that isn't even connected with the university campus. The courts would decide whether the state has a right to take the site, and Davidson (a past president and current member of the UL Board of Trustees) would have a right to a trial by jury to determine his compensation. That's the litigation they're anticipating.
This justification for keeping the record from the public appears to be a desperate measure in Authement's longstanding mission to acquire Davidson's property. In late 2003, Davidson's good friend, appraiser George Parker, was hired by Authement to value the land and homes, and Parker came up with a $3.25 million price tag.
That's what Davidson thought he'd get in the land swap, especially after the Board of Supervisors for the UL System approved the deal in mid-2005. Under intense criticism over the dubious $3.25 million valuations of both the horse farm and Davidson properties and numerous questions about the cozy group of principals involved, in December the board asked the state DOA to recommend a new, "independent" appraiser. In all likelihood Davidson's came back a couple of months ago from independent appraiser Lane Godshall at about half of Parker's appraisal (the horse farm has not yet been reappraised), but concerned residents won't know for sure until they get to see the document.
Presumably, neither Authement nor Davidson liked the outcome of the new valuation, leading to the decision to keep the record from the public. Authement announced in mid-July that the land swap deal was off ' but that he's still seeking money from the state's cash-strapped higher education board to buy the Davidson land outright.
Perhaps the most interesting twist in the saga's expropriation chapter is Davidson's experience with this kind of legal work. For years, he handled expropriation matters for local government, with George Parker (who is now retired) conducting the appraisals.
The new appraisal is unquestionably a public document, says Josh Zelden, an attorney for the Louisiana Press Association. The "anticipation of litigation" exemption applies to executive sessions held as part of public meetings ' not to this type of public record. And in cases where closed-door executive session meetings are called to discuss pending litigation, an attorney general's opinion holds that there must be a written demand and the parties disclosed. So for the state to even attempt to piggy-back on this exemption it must produce a written demand from its would-be opponent, Davidson (a demand it has not disclosed because it likely does not exist) and show that public discussion of the case would be detrimental to the state's position or strategy. Only then could the documents related to this exemption be legally kept from the public. "It is irrational and self-contradictory to suggest that disclosure of an appraisal showing a lower value for the property in question could hurt the public body attempting to acquire the property," says Zelden. "It can only help."
It's unclear what kind of argument the state will make to support expropriation of the property. To successfully take private property, government must prove there is a public or "necessary" purpose, like construction of an interstate. But some state and local governments have been trying to take private property for economic development purposes; the issue has become a political hot potato in post-Katrina Louisiana, and this fall voters will decide on a far-reaching constitutional amendment to restrict expropriation for economic development purposes.
Why the state would consider creating a legal mess over this already controversial piece of property is anyone's guess. And if its latest excuse has any legitimacy, although it still falls short of proving the appraisal should not be released to the public, is any private property on Girard Park Drive ' or anywhere in Lafayette, for that matter ' safe from the university's grasp?
The lawsuit filed in New Orleans alleges that more than half the Social Security numbers on Mikal Watts’ client list were fake — either dummy numbers or numbers belonging to someone else, living or dead.
Industry veteran named GM and CEO of Cypress Bayou's casino and hotel operations.
The IND's directory, the most comprehensive in the market, includes health clubs, gyms, health and sports drinks, medical fitness facilities, and studios and classes to keep you healthy and fit in the new year.
More local companies expected to take advantage of economic boom.
Should new parents be required by law to attend special classes before being permitted to raise their child? It’s an idea state Rep. Regina Barrow, D-Baton Rouge, is seriously considering.
The National Conference of State Legislatures estimates $800 million of sales tax revenue annually in Louisiana is not collected and remitted by internet vendors.
State Treasurer John Kennedy argues in a new op-ed emailed to media Tuesday that, with an anticipated $100 million surplus from the last fiscal year, Louisiana should invest the funds in I-49 South.
The agenda for Wednesday’s meeting of the Lafayette Parish School Board tells it all: The board has lost sight of its elected purpose.
A public Mass will be held Thursday in New Orleans for artist George Rodrigue, who died Saturday of cancer at age 69.
Eight former employees of The Times-Picayune have sued the newspaper and parent Advance Publications Inc., alleging their layoffs violated a longstanding "job security pledge" and age discrimination laws.
Gov. Bobby Jindal's administration hasn't done an independent performance review of its $363 million privatization contract for mental health and addictive disorder treatment services.
"Whether it's the tackle position, whether it's a player on defense ... we're going to look closely at what our options are and what gives us the best chance."
Get to Cajun Field today and show your bowl-bound pride
Extras make the NOLA Bowl look
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Tuesday, December 17, 2013:
In the end, edge to Tulane, but the 12th man could be the deciding factor.
Says ATC Commissioner Troy Hebert, “Obviously, they are not responsible enough to have the privilege of selling alcohol. This blatant disregard of the law will not be tolerated.”
Louisiana's Department of Education isn't properly monitoring the state's voucher program to make sure students are placed in private schools that demonstrate student achievement and success, according to an audit released Monday.
The Supreme Court won't decide if the Obama administration violated a judge's order that struck down its temporary moratorium on deep water drilling after BP's 2010 oil spill in the Gulf of Mexico.
First Baptist Lafayette presents its annual Singing Christmas Tree performance with a cast of more than 200, including 85 choir members, in Keep Calm Christmas is Coming.