HUNTINGTON -- The Cabell County Board of Education made a drastic move Thursday night, unanimously voting to exercise its right as a government entity to take the University Heights property from Prestera Center by eminent domain.

The Board tried to obtain the 14 acres of land currently used to house non-traditional students directly from Marshall University in November but was outbid by Prestera Center in a closed-bid process.

From the school board's perspective, the site is intended for a consolidated middle school for Enslow and Beverly Hills, using a $22 million grant from the state School Building Authority. The board hopes to build the state's first green school but had hoped to do it any other way than by eminent domain.

"We don't do that lightly," said Superintendent William Smith. "If we had another site, we wouldn't be talking about eminent domain."

Prestera, an addictions recovery center and mental health provider, offered $2,310,000 for the property, intending to use it to consolidate services near its primary location on U.S. 60. That bid exceeded the $1.9 million offered by the school board.

"While we understand Prestera Center has noble and worthwhile plans for the property, we simply must do what we feel is best for the current and future generations of students who would attend that new school," Smith said in a prepared statement. "This has been an extremely difficult decision to make. However, after four years of scouring the east end of Huntington for suitable land ... we simply have come to the conclusion there is no other adequate option."

Prestera Center's executive director Bob Hanson and the director of corporate development and marketing, Tim Morris, did not want to comment Thursday night. The mental health services provider closed on the deal with Marshall University Jan. 16.

Thursday night's meeting kicked off with a review of the site selection process and information about the top three sites picked by the site selection committee: University Heights, Cabell County Career Technology Center and the Veterans Memorial Field House and adjoining property.

Smith and Assistant Superintendent Mike O'Dell reiterated that the SBA wouldn't fund the Field House, and the cost of earthwork at the Tech Center was just too much. Board members felt the University Heights property was just too good to pass up.

"There was a lot of integrity to the (site selection) process," member Suzanne Oxley said. "We shouldn't discount their recommendations. We need to honor and respect their work."

Community members, as well as Huntington Mayor Kim Wolfe and councilman Russell Houck, made pleas to keep the school inside city limits -- particularly the Field House site. University Heights is outside Huntington's city limits, and some felt board members never listened to what the community really had to say.

"Southside got what they wanted (with a renovated Cammack campus)," said Highlawn resident David Strom. "You have not looked at the Highlawn area seriously from day one."

Thomas McChesney, another Highlawn resident, said the board focused solely on SBA money because it's free. And the decision left him disappointed in the governmental process.

"It sends a message that ... the fair and competitive bid process in a capitalistic system doesn't work," he said. "It sets a poor example that the process itself just doesn't make that much a difference."

McChesney and other members of the community also said they felt the past 18 months were worthless. And he was bothered that the board never really talked about whether a new facility would improve students' academics.

"As citizens and taxpayers, this whole thing just disgusts me," he said. "That we've spent this much time and energy tap dancing around issues only to come up with an issue where they are going to use eminent domain to take property from an entity that serves the poor and mentally handicapped. That's crazy."

According to a 2006 real estate article published on CNNMoney.com, it is possible to fight eminent domain. Besides seeking legal counsel, community support is key. If enough people speak out against it, the judge might see it that way as well.

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