St. Edward refuses $1.75 million land offer, vows to fight Salem-Keizer in court

St. Edward Catholic Church can be seen from the tennis courts at McNary High School in Keizer on Thursday, Oct. 18, 2018.

After refusing an offer of $1.75 million to sell a 6-acre vacant lot to Salem-Keizer Public Schools, St. Edward Catholic Church is preparing to fight the district in court.

"The parish ... is prepared to zealously defend itself if the school district moves forward with litigation," Bonnie Henny, business manager for St. Edward Catholic Church in Keizer, told the Statesman Journal.

The school district did just that, filing a complaint for condemnation of real property late last week.

It asks for an impaneled jury to determine whether the $1.75 million offer meets the standard of just compensation, and if so, to allow the school district to move forward with condemning the parish land. 

The church could still appeal the use of eminent domain. But legal experts say it is unlikely an appeal would be successful unless the church can prove the school district isn't taking the land for public use. 

Church leaders say they weren't offered fair price 

District officials say they need the lot next to McNary High School because the current setup puts students, pedestrians, bicyclists, drivers and others in danger when entering or exiting the school's main parking lot. 

The added acreage would be used, in part, to move the athletic fields and existing parking lots to make way for building expansions outlined in the nearly $620 million capital-construction bond approved in 2018.

Read the backstory: Salem-Keizer considers eminent domain to acquire church land next to McNary High

St. Edward church leaders — who want to keep the land for future parish use — argue they have not been offered a fair-market price and say they will fight the district's use of eminent domain.

An appraisal in January estimated the value of the land at $1.39 million. A later assessment valued the land at $1.56 million. Lawyers for the district offered $1.75 million  "in an effort to compromise on the amount of just compensation ... and to avoid the costs of litigation." 

In November, the Salem-Keizer School Board unanimously approved a "resolution of necessity," allowing the district to use eminent domain to condemn the land, thereby forcing the sale if church leaders did not accept the district's final offer, or reach an agreement in negotiation.

District officials extended the final offer to St. Edward leaders on Nov. 14, which began a 40-day period in which church leaders could accept or reject the offer and view the district's appraisal.

Since church leaders declined the offer, the process to take the property officially began Thursday when school district attorneys delivered a check to the Marion County Courthouse. 

Upon completion of the transaction, the district will take possession of the property, school officials said. 

Church leaders said they had not been served any complaint or legal action as of Monday morning. 

School officials declined to comment Monday on the court proceedings. 

For more information, go to https://salkeiz.k12.or.us/schoolboard/ or call 503-399-3001.

Contact reporter Natalie Pate at npate@StatesmanJournal.com, 503-399-6745 or follow her on Twitter @Nataliempate or Facebook at www.Facebook.com/nataliepatejournalist.

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