I Claim Eminent Domain  

Brief Summary of Situation

Auto-trol Technology Corp has been doing business at 126th Avenue and Washington Street since 1979, but recently Adams 12 School District decided to take Auto-trol's building and 19 acres of property through a forced eminent domain process. Adams 12 wanted to use the property for a bus barn, maintenance facility refueling station, administrative offices, and early childhood facility. Adams 12 informed Auto-trol it unfairly would take its property for an amount that was $4 million less than recent sales estimates and appraisals had established for the property. Auto-trol was obligated to vacate the land and find a new location to operate its business. Along with Auto-trol, several local Little League teams that have been using the field behind Auto-trol and the 500-member ThornCreek Church must find new sites. Adams 12 informed Auto-trol Aug. 13 it decided not to take the property and made various accusations about the building with which Auto-trol strongly disagrees - in essence, walking out on the bill for an expensive dinner and insulting the host on the way out the door. Please read through the information on this Web site and in the news about the situation to see how Adams 12 unfairly executed its right to eminent domain.


Timeline

  1. January 2008 - Auto-trol hired a commercial realtor to list its building and 19 acres at 126th Avenue and Washington St. in Thornton, Colo. on the market for $12.7 million based on market studies of comparable property.
  2. Feb. 2 - "For Sale" sign goes up on the property.
  3. February -March - Potential buyers visit the property and express interest in purchasing the building and land.
  4. Feb. 20 - Adams 12 School Board approves a resolution to acquire the Auto-trol property.
  5. March 3 - Adams 12 School District meets with Auto-trol discus acquiring the property. Auto-trol is pleased asks the School District to make an offer.
  6. March 6 - Auto-trol receives a letter from Adams 12 informing Auto-trol of its offer of $8.4 million. The letter gives Auto-trol until March 17 to respond or the School District plans to take the company's property through an eminent domain process.
  7. March 17 Auto-trol rejects the offer as too low compared to discussions with other commercial buyers and asks Adams 12 to negotiate a mutually acceptable price.
  8. March 31- Adams 12 does not respond to the offer to negotiate and files for eminent domain, also called a taking, in Adams County District Court.
  9. April 14 - Auto-trol formally gives Adams 12 permission for complete and unrestricted access to the building for inspection and planning purposes.
  10. May 27 - Auto-trol and Adams 12 mutually agree that the School District will take possession of the building June 2 but will allow Auto-trol to vacate by Oct. 1. Auto-trol immediately proceeds to find a new location to operate its business.
  11. June 2 - Adams 12 School District pays the deposit to Auto-trol for the purchase of the building.
  12. June 26 - Adams County District Court issues Case Management Order - the instructions and procedures to review the price offered by the School District, which was below market value.
  13. June - July - Auto-trol searches for and finds a new location and begins to pack up its business and prepares to move.
  14. Aug. 6 - Auto-trol pays a significant deposit on a lease at a new location.
  15. Aug. 12 - Adams 12 sends a letter to Auto-trol expressing concern about media attention and recent news stories about the taking.
  16. Aug. 14 - Adams 12 holds a press conference to inform the media that it is backing out of its eminent domain agreement with Auto-trol, citing unfounded reasons.
  17. Aug. 21 - District's notice of Election to Abandon, Motion for Forthwith Order Directing Return of Funds.
  18. Aug. 22 - School District motion for immediate return of the deposit.
  19. Aug. 25 - The Court Orders Auto-trol to return the deposit no later than Sept 4 plus interest earned thereon post August 21, 2008
  20. Oct 22 - Deposit returned to Adams 12 unopposed by Auto-trol
  21. Dec 22 - Court allows Auto-trol to pursue claims for damages
  22. Sept 3, 2009 - Community Meeting to discuss the relocation of Transportation and Maintenance Facilities for Adams County School District 12

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