Feb. 7, 2009
 
Prestera Contemplating Legal Challenge of Board of Education Eminent Domain Use on University Heights
Attorneys Researching the Matter
 
By Tony Rutherford
Huntingtonnews.net Reporter
 
Huntington, WV (HNN) – Earlier this week, HNN reported that some council members and constituents were awaiting a decision by Prestera Center before mounting a strategy against the Cabell Board of Education’s plan to take the University Heights site through eminent domain.
 
Bob Hansen, executive director of Prestera Center, has stated we “need to move forward” on the plan to renovate the University Heights property into a consolidated addiction recovery center. However, Hansen tempers his statement when discussing legal challenges to the School Board’s eminent domain proclamation.
 
“We have attorneys researching the legal possibilities,” Hansen said in a televised interview. “We do not have a definitive answer.” In fact, he stepped away from stating that they were “challenging” the board’s actions.
 
Still, Hansen feels that Prestera has been blindsided. For instance, they had discussed purchase of the property with MU for over a year. They did not receive advance word that the Board would exercise the eminent domain route. In fact, the mental health treatment center had been lining up financing for rehabilitation of the property on which they closed in late January.
 
Prestera believes having their clients in one place, instead of all around the city, would not only help them achieve success but allow the Center to keep costs down. “The demand for our services is extremely high,” Hansen said.
 
One of the structures has historic value --- the West Virginia Colored Orphans Home. Since it has already been placed on the National Register of Historic Places, the Orphans Home cannot be demolished without hearings under the Historic Preservation Act of 1966.
 
Hansen had acknowledged that “we knew of the possibility” after winning the bid that the Cabell Board might exercise eminent domain. Still, the mental health provider has no “Plan B.”
 
While attorneys scowl legal precedents, Hansen has, perhaps, a naïve hope --- Maybe the Cabell County School Board will change their mind?



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