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Attorney: Bridgeport Schools legally backed to use eminent domain


One of the properties being considered for the new football field is Chapter Square, located across the street from the Bridgeport School District.
One of the properties being considered for the new football field is Chapter Square, located across the street from the Bridgeport School District.
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The Bridgeport School District continues to consider using eminent domain to build a new football field.

School officials are interested in purchasing a property next door, but it belongs to John Callarik who is refusing to sell. But according to the law, he may have no choice.

“The state or public agency has the right to take property for public good,” said Legal Analyst Mike Nogay.

According to Ohio Revised Code, when it is necessary, any board of education can use eminent domain for several reasons including; "grounds to be used for agricultural purposes, athletic field or a playground for children."

“It can also be grounds used for an athletic field. It's specified right in the statute,” said Nogay.

One of the properties being considered for the new football field is Chapter Square, located across the street from the Bridgeport School District. It's owned John Callarik, 94, who has worked his entire life building up this property. It's home to various businesses including a laundromat, a car wash and tanning salon.

In November, Callarik says Bridgeport Schools offered him $700,000 for a portion of the property, but he refuses to sell.

“It's not money. I won't sell; I don't care what they offer me, I will not sell,” said Callarik.

Related Story:Former mayor, Bridgeport school board at odds over property for potential football field

BUT--

“There is a real public disdain for taking someone else's property they worked hard for,” said the legal analyst.

Ohio Revised Code says if the school district wants to use some of Callarik's property to build a new football field out of a floodplain, it must pay him.

“An old county commissioner told me when they wanted to take property for a children's home, the lady had a farm and said, ‘You're not taking my property’,” said Nogay. “He said, when he was 19, the government sent him off to war. If they can do that, they can take your property as long as they pay you for it.”

The school is looking into another property to see if it would be suitable for a football field.

There is no word on when a decision will be made.

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