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?
It wouldn’t be a first, however, as the Chamber has thrown money behind Landrieu before.
The Democratic incumbent, seeking her fourth term in office, is a strong supporter of the Export-Import Bank, which helps finance exports of U.S. companies.
Summertime floral with panache
Three bedroom St. Martinville traditional or three bedroom Lafayette contemporary cottage
Acadiana's nightlife guide.
The world is a politically tense place these days with hot spots ranging from the Middle East to Ukraine. In Louisiana and Mississippi, where the political chessboard tends to be a lot less threatening and at times entertaining, this election season is living up to expectations.
As this year’s budget process slogs forward and the Lafayette Parish School Board maintains its hard-headed stance against using any of its more than $60 million reserve fund, another slate of critical programs have rolled through the chopping block, despite the ramifications for the school system.
Meat, cheese and veggies piled high on Texas toast
American companies export smog; UN calls for cease-fire in Gaza; fist bump keeps germ transfer down and more national and international news for Monday, July 28, 2014.
Monday's Blogs from the Bog!
Louisiana has joined nine other states in support of Indiana’s appeal of a federal judge’s ruling that the Hoosier State’s ban on sam-sex marriage violates the Constitution.
The eclectic vibe of summer
Three bedroom River Ranch cottage or four bedroom Youngsville traditional home
The parent of Investar Bank says its second-quarter earnings fell to $1.1 million or 26 cents a share from $1.7 million of 44 cents a share in the same period a year ago.
1,554 rigs were exploring for oil and 315 for gas. Two were listed as miscellaneous. A year ago there were 1,770 active rigs.
The Saints are being cautious in an effort to minimize risk of re-injury.
Most personal auto insurance policies exclude coverage when people charge money to drive others in their personal vehicles.
In this letter to the editor, Lafayette Parish School Board member Shelton Cobb (the board's former president) weighs in on the difficulty behind this year's budget process, calling out a number of his fellow board members over their inability to drop their power struggle with the superintendent and make the interests of the students a top priority.
Acadiana's nightlife guide.
LSU Health Sciences Center says people with a common, hard-to-treat kind of lung cancer can join a new national trial to test drugs faster.
As New Orleans Saints coach Sean Payton and general manager Mickey Loomis spoke about the opening of training camp, steep, tree-covered mountains were in full view behind them.
The family of fallen cyclist Lon Lomas is speaking out after the release this week of the man charged with his death.
"The solutions are obvious: undo consolidation, or amend the charter to make this hybrid attempt at a new form of government work better."
A refreshing twist at a Lafayette institution comes served with a black bean salad stuffed avocado
Louisiana's 21 casinos took in $203.5 million statewide in June, edging up one-half of a percentage point from a year earlier.
Three bedroom Sunset Victorian or three bedroom Opelousas Acadian home
Louisiana designer commissioned for NYC Awards gift
The Board of Elementary and Secondary Education is considering whether to get involved in a lawsuit against Gov. Bobby Jindal for his attempts to undermine use of the Common Core education standards in Louisiana's public schools.
Business First Bank has announced plans for a Baton Rouge market expansion through a merger deal with American Gateway Financial Corp.
Acadiana's nightlife guide.