Wiacek property - court valuation, NHRegister article

The dueling papers in town reported on the same subject today, court decision toward valuation. I commented on the CtPost article first, but the NHRegister has some more detail. Read the whole article, then come back to this link for a google spreadsheet document that explains comparisons more appropriately.

I encourage readers to go to the NHRegister article as they are the content creator of the article and have methods for readers to comment on their articles within their website. I cut/paste with my comments under right of fair-use for public education as Chairman of the Conservation Commission.

http://nhregister.com/articles/2009/03/05/news/valley/b1-shlandruling.txt
Shelton told to pay $1M more for farm
Thursday, March 5, 2009 6:14 AM EST
By Michelle Tuccitto Sullo, Naugatuck Valley Bureau Chief

SHELTON — A Superior Court judge has ruled that the city should have paid $856,000 more than it did when it took 36 acres of the Wiacek Farm parcel by eminent domain four years ago.

Judge Bruce Levin, in a decision dated Feb. 23, concluded that the fair market value of the property taken by the city in April 2005 was about $3.36 million, or $856,000 more than the $2.5 million the city paid for it.Levin further ruled that the city owes $208,293 in interest on the difference, which brings the total judgment of damages to $1.06 million, according to the ruling, on file in Superior Court in Milford.Both the city and Wiacek Farms LLC had presented appraisals of the property.

+++ This works out to $178,215 per unimproved building lot within the acreage taken by the City under eminent domain proceedings, which is a portion of the overall parcel referred to as the Wiacek Farm +++

Assistant Corporation Counsel Ramon Sous said Wednesday he had no comment on the ruling, as he has yet to discuss it with the Board of Aldermen, which he plans to do next week. Sous said he hasn’t determined yet if the city will appeal.

The Board of Aldermen voted in late 2004 to acquire the property for open space and recreation, court documents show. The land is in the area of Meadow Street and Constitution Boulevard, neighboring Shelton High School. It had been a dairy farm, and was in the Wiacek family for about 85 years.

+++ Go to the next blog entry on this subject with the CtPost article to see all the hyperlinks for the CC presentation and the BOA votes on acquiring the property. You don't have to rely on "court" documents. +++

In March 2004, the Planning and Zoning Commission approved the Wiacek family’s application to put a 24-lot single-family residential subdivision there. Shortly afterward, the owners began site development for the project, which also called for three roads, court documents show.

+++ On 2004/Jan/7, the CC made presentation that the parcel be purchased. The BOA authorized the Mayor to negotiate to do so. Such negotiations were unsuccessful. The BOA decided to enter eminent domain proceedings on 2004/Sep/30. They were berated for doing so by some speakers during the public session of their 2004/Oct/14 BOA mtg. +++

In January 2005, the city commenced its eminent domain action to take 36 acres of the overall 46-acre farm for $2.5 million, based on an appraisal obtained by the city.

+++ Don't know the meaning of "commenced" but the process of eminent domain started clearly months before that +++

The Wiacek family’s attorney, Jonathan Bowman, submitted paperwork to the court claiming the property was valued at nearly $3.7 million, and that the family should receive the difference, or $1.2 million, plus interest on that difference.

Walter Wiacek and Shawn Splan, who are cousins and own the property, asserted that the city has paid more for similar property, and the family had hoped for more money than allowed for in Levin’s ruling.

“I can’t say I’m totally disappointed, but I am a little disappointed with the ruling,” Wiacek said. “We had planned a high end subdivision there. The only time the city got interested in the land was when we decided to develop it.”

+++ That statement regarding the City's interest is absolutely not true +++

Wiacek noted that since the city bought the land, it is supposed to be used for open space. There have been recent discussions about potentially parking school buses there, a possibility that has earned the ire of residents at nearby Summerfield Gardens condominiums, who spoke against the idea at a recent Board of Aldermen meeting.

+++ The CC presentation did not advocate that the entire parcel be purchased solely for Open Space associated purposes, but recognized the possibility for other municipal purposes not normally associated with open space (school education area for example). The BOA motion for eminent domain was "Said taking is for City Open Space and recreational purposes consistent with such open space" +++

Wiacek Farms LLC also has a separate case still pending in Superior Court in Milford, filed in 2006 against the city, Mayor Mark Lauretti, Board of Aldermen President John Anglace, Zoning Enforcement Officer Thomas Dingle, and City Engineer Robert Kulacz.

That case seeks more than $15,000 in damages, and claims the defendants caused work to stop at the property, even though the owners had approval for the subdivision, interfering with their business expectations

+++ On the pending case's claim, I don't have anything further to offer at this time +++