Community High School District Defends Eminent Domain Lawsuit

Frequently Asked Questions

1. Where is the property located?

The property is owned by Community High School District 99 and is located west of the Town Center complex at the intersection of Woodridge Drive and Center Drive, in Woodridge.

2. How many acres comprise the property?

The property totals approximately 45 acres.

3. When and why was the property acquired?

The property was acquired in 1966 by Community High School District 99 with the intent that as the school district’s population grew, the location could serve as a third school site.

4. Will a third high school be built on the land?

Enrollment projections were developed by professional demographer John Kasarda through 2019. The projections showed the District’s enrollment growing to approximately 5,700 students in the 2006-07 school year, and then dropping back to approximately 5,200 students by 2019. The District enrollment in 2007-2008 is 5,445 students. Historically, referendums were held in 1972, 1973, and 1997 to build a third high school on the Woodridge property, and each one was defeated. In 1998, residents approved additions and renovations to the current two high schools. The experience of the school district suggests that residents prefer two large high schools rather than three smaller schools.

5. Why has the District held onto the property?

Many school districts across Illinois acquire property and hold it for future use for a number of reasons:

• If enrollment changes and another school is needed,
• If the school district’s programs change due to state mandates or local needs.
• As an asset and growing investment that could be used for future educational needs.
  

6. Does the Board of Education want to sell the property?

The Board of Education had not decided whether to sell or hold onto the property. As one of its three-year goals in 2001-04, the Board initiated a comprehensive review of all of its options for the Woodridge site. The value of the property had to be known if the board was to make an informed decision about whether to sell some, all or none of the land. To determine the fair market value of the land, using the industry standard of “highest and best use,” the District was advised to ask for sealed bids for the property. The District initiated a sealed bid offering for the property in April of 2005 that was to be completed in June 2005. Again, the board has never decided to sell the land

7. Why did the District 99 Board go out for sealed bids for the property?

The District went out for bids on the property in order to determine the highest and best use of the land. That was part of the information needed for the Board to make a knowledgeable decision about the use or disposition of the property. One bid was received offering up to $24 million dollars for the property.

8. How did the lawsuit begin with the Village of Woodridge?

The village filed a condemnation suit in the May of 2005 to initiate court proceedings to take the land by eminent domain.

9. What was the outcome of the eminent domain lawsuit?

The court ruled in May 2007 that the land could be taken by eminent domain by the Village of Woodridge. A jury said in March 2008 that the land is valued at $14.2 million.

10. Why has the District appealed the lawsuit?

The Board of Education is appealing the jury’s decision for the following 3 reasons:

• The property is a valuable asset, irreplaceable and a large investment for current and future students from all seven of the communities the District serves.
  
• There is a huge discrepancy in the value of the land set by the court and what professional appraisers set for the land, and a developer offered for the property. While the court set the value of the land at $14.2 million, there is evidence which was withheld from the jury that shows the land is worth up to 65 percent more.
• Expert advice shows that there are substantial grounds for appeal.
  Various rulings by the judge did not allow the jury to see nor consider a second District appraisal nor a developer’s bid for the property.
  

11. Has the District given the right of first refusal to the village?

Throughout the lawsuit, the District has continued to offer the right of first refusal to the Village. This was offered to them before they initiated the eminent domain lawsuit and the offer still stands today.

12. Did the Board of Education receive an offer from the Village of Woodridge for the property?

The Board of Education has received two different offers from the Village of Woodridge. In May 2005 the Village made an offer to purchase at $8.5 million. In September 2006 the Village offered $10 million or approximately $200,000 an acre. To replace that property near either one of the District’s high schools, the cost could be upwards of $1 million an acre. The Board believes both offers are far below the true fair market value of the property. The Board, in fact, has had a bid of $24 million for the property and in addition it has been appraised as high as $21.5 million.

13. What happens if the school district needs land in the future?

If the school district should require land in the future, it would seek to acquire it based upon its intended needs. The cost of any land adjacent to the two existing campuses costs about $1 million an acre.

14. How has the property been used since 1966?

District 99 has been a good neighbor by allowing the Woodridge community to use the land for various activities since 1971, including community garden plots, hosting the village Jubilee and other special functions. The District used the property for a band camp this past summer.

4-08-08