HUNTINGTON -- The decision by the Cabell County Board of Education to use eminent domain for a new consolidated middle school has received some scrutiny.

The board unanimously voted in a special meeting on Jan. 29 to impose its right of eminent domain on the University Heights property, owned by Prestera Center for Mental Health Services as of Jan. 16. The board lost a bidding war for the property in November.

Here are the steps the board followed before deciding on the University Heights property for a new middle school for Enslow and Beverly Hills students:

APRIL 2006: School board officials and administration meet with both the Highlawn and Beverly Hills communities to figure out what the best course of action would be to improve education for the two student bodies.

2007: Officials start identifying possible sites, including University Heights, for a new consolidated middle school. However, at the time, it was not for sale.

LATE 2007: School board members and administration discuss the 50 acres of land owned by the school board beside the Cabell County Career Technical Center as a preferred site because land acquisition would not be needed -- despite costly site preparation estimates.

JAN. 25, 2008: The Huntington City Council passes a resolution to discourage building the new school outside the city limits by remodeling the Career Technical Center.

"I think that's been our goal all along," school board member Suzanne Oxley said. "To keep it inside the city limits."

FEB. 21, 2008: A special meeting called by the school board drew at least 100 people from both schools' communities and staffs, as well as city officials. At least a dozen sites were proposed that a new school could be built on, but many opposed consolidation all together, preferring the two schools be renovated and kept where they are.

However, Superintendent William Smith told the public that money for a project has to come from the state's School Building Authority, making renovations or rebuilding in the neighborhoods unlikely.

The meeting gave board members 14 sites that were later evaluated by a site selection committee.

AUG. 5, 2008: After months of site visits and discussions, the site selection committee, with the help of ZMM Architects, presents its rankings of the 14 options.

The top three sites were the University Heights property, land owned by Cabell County Schools adjacent to the Career Technical Center, and the Veterans Memorial Field House.

After the meeting, a letter was sent to Marshall University officials notifying them of the site selection committee's review and possible interest the board might have in the University Heights property.

Other sites evaluated were CSX property (not for sale and possibly unusable); Toyota business property and Field House, Rotary Park (slippage and utility issues), Maupin Road property (access and utility issues), Huntington Housing Authority property known as Marcum Terrace (not for sale), Summit Ridge (access and utilities) and St. Mary's property that used to house Big Bear (not for sale).

The committee also looked at renovating the current schools, consolidating Enslow's students into the current Beverly Hills Middle School, turning the Central Office and Alternative School (formerly Huntington East High School) into the new middle school and redistricting current schools to raise enrollment at Enslow to meet economy of scale for population.

AUG. 20, 2008: After the meeting that identified University Heights as the top property, the school board learns that Marshall University is holding a public hearing to consider a proposal from Prestera to purchase the property to consolidate it services.

AUG. 21, 2008: The Board of Education holds an emergency meeting after the Marshall University Board of Governors posted a public notice in that day's edition of The Herald-Dispatch. The notice listed a public hearing scheduled for 10 a.m. Friday, Aug. 29, to consider a proposal from Prestera Center for Mental Health Services Inc. to purchase the University Heights apartment complex for at least $1.7 million (the first appraisal amount -- state law requires two appraisals).

AUG. 22, 2008: Board members and district staff tour the University Heights property.

AUG. 29, 2008: Prestera Center clients and employees speak at a public hearing held at Marshall University defending their plan for the property as the best for the community. Smith and school board member Suzanne Oxley speak briefly about a plan to build a new middle school there, saying no other suitable sites exist.

AUG. 29, 2008: At a special meeting later that day, the board votes unanimously to authorize the superintendent to make a cash offer for $1.8 million or the average of the two appraisals (once the second appraisal was completed). Contingency was access to land for a core drilling/suitability study.

SEPTEMBER 2008: Smith tells school board members that University Heights is likely the only property in or around east Huntington that fits the mold for a new middle school because it was the only one the School Building Authority would likely approve funding for.

"If the Marshall University property does not become available, then we really can't move forward with an SBA grant," Smith said Sept. 11. "I'll probably recommend to the board that we wait another 15 years to do another bond."

SEPT. 19, 2008: Core drilling results were received, and Smith submits a letter to Marshall's Board of Governors that the site is acceptable and all contingencies had been met and that the board was satisfied requirements for historic preservation could be met.

The letter stated that when Marshall received the second appraisal the board would be able to make a revised cash offer within 24 hours. The letter also stated that the board was willing to enter into a reasonable agreement for purchase with Prestera on land that the board already owned.

OCT. 7, 2008: At a regular board meeting, the board received a second appraisal ($2,035,000) from Marshall. The average of the two appraisals was $1,867,500. This is the minimum Marshall had to receive under state code to sell the property.

OCT. 8, 2008: In a letter hand-delivered to Marshall, the board makes a cash offer for $1,867,500 (the average of the two appraisals).

OCT. 16, 2008: The board authorizes the superintendent to offer the sum of $1.9 million cash for the property. A letter is hand-delivered to Marshall the next day.

NOV. 13, 2008: About a month after both the school board and Prestera Center resubmit sealed offers, the Marshall University Board of Governors votes 12-1 in favor of Prestera's bid, which is $410,000 more than what the school board offered. Both bids came in above the minimum of $1,867,500, which was the average of two independent appraisals.

JAN. 16, 2009: Deal closes between Prestera Center and Marshall University.

JAN. 20, 2009: The board looks at another site off Norway Avenue, which is large enough, but flooding concerns and amount of site preparation make it another miss. Community members at the meeting reiterate their interest in the Veterans Memorial Field House property. Smith reiterates that Cabell County's School Building Authority representative did not like that property. Estimated cost for site work was at least $4 million, which would have to be paid with county funds.

JAN. 29, 2009: The school calls a special meeting, spends most of it in executive session and then votes in public to use eminent domain to acquire the University Heights property.

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

FEB. 6, 2009: Prestera Center's executive director Bob Hansen says Prestera will defend its right to keep the property.

AP Video

The former W.Va. Colored Children's Home that is on the National Historic Register and is located on MU property is being sought by both Prestera Center and the Cabell County Board of Education. The home sits on the same property as the University Heights apartments along U.S. 60 between Huntington and Barboursville.

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