Property Acquisition Via Condemnation
In May 1998, the Board of Trustees of the McKinney Independent School District, authorized one of the district's law firms, Abernathy, Roeder, Boyd & Joplin, P.C., to begin the negotiations for the purchase of 56.43 acres (228,400 m2) of a 89.714-acre (363,060 m2) tract of land owned by Carlisle Grace (Grace) for the purpose of building a third high school on the property.
MISD submitted a formal offer for US$25,000 per acre ($1,410,750) on September 27, 1999, which Grace rejected, in writing, informing MISD, they would need thirty days to perform due diligence before submitting a counter-offer. November 6, 1999, MISD's attorneys responded with their “final offer” for $30,000 per acre ($1,692,900), noting that failure to accept the offer within ten days would be construed as a rejection. Ten days later Grace responded they were "close to completing their value analysis and would be prepared . . . to discuss possible acquisition of their property after Thanksgiving."
There was no other communication until December 17, 1999, when MISD filed its condemnation petition. After commissioners ruled in favor of Grace, MISD filed an appeal in July 2000. The appeal was upheld in July 2002 and after a jury trial in September 2003, Grace received payment of $3,216,510 (value of the 56.43 acres) and damages of $1,189,903 (for the remaining 33.3 acres).
MISD appealed again in May 2005; on April 24, 2007, they lost their appeal.
In May 2008 MISD responded by filing a petition with the Texas Supreme Court, which was denied in August 2008.
Timeline
- • May 1998 – MISD begins negotiations for property
- • September 1999 – first formal offer and rejection
- • November 1999 – “final offer” from MISD
- • December 1999 - MISD begins condemnation procedure
- • March 2000 - Special Commissioners rule in favor of Grace
- • July 2000 - MISD appeals
- • July 2002 - Appeal affirmed and new trial is ordered
- • September 2003 – Grace wins and receives $4.4 million from MISD
- • May 2005 - MISD submits appeal
- • April 2007 – Appeal is denied
- • May 2007 – MISD petitions Texas Supreme Court
- • August 2008 – Petition for review is denied
Costs
Boyd High School opened in September 2006 at costs exceeding $88 million. Boyd’s capacity is 3,000 compare to 2,400 for McKinney North that opened in 2002 for just over $53 million. The site was ultimately less than ideal due to an "extensive grade change running throughout the new school's site required extensive site preparation and development that resulted in more than 20,000 square feet (1,900 m2) of segmental retaining walls".
- Total project cost: $88,000,000
- Building construction cost: $59,083,700
- Site purchase cost: $840,000
- Site development cost: $15,325,000
- Furniture & equipment cost: $6,160,000
- Fees and other: $5,280,000
Read more about this topic: Mc Kinney Boyd High School
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