Eminent Domain -- they're going to ruin my life!!

[lilboo]

This may be a long shot but....is there any way you can work WITH the library project? The library isn't some sort of private institution is it? Is there any way you'd be able to re-conceptualize your existing school to an amenity that might work well within this new library?

If it were me and I had this wealth of experience with children and education and a longstanding relationship in the community, I'd research this new library project (ie the program/services to be offered at the library) and approach the designer with a proposal of how designing a space that might house a preschool/Kindergarten/daycare type amenity (headed by you, of course) might be mutually beneficial. Certainly the families who depend on you can be counted on for support.

At any rate, I'm hoping this turns out to be a good thing in disguise. Best of luck to you.

 

[The Mystery Machine]

Your landlord is making a plea to you to because she is working things out from her end to protect her own hind-end. I don't blame her.

As a tenant with no power in this, I say you have to find yourself an angle. Good Luck with things!

 

[montessori]

Originally posted by AirForceRocks
She probably wants you to stay out of it because it is HER building and she doesn't want you to do anything that is going to mess up any deal she might have with the city. I have to say, I agree with her. I'm sorry that your school is going to be impacted in such a negative way, but at the same time, the building does belong to her, and if she is willing to sell, then you should just let it go and find someplace else.

Just my $.02.

I was wondering if you would bother posting your two cents worth of opinion on this thread.

I don't see what I could do to mess up her deal with the city.

And, I don't want to mess anything up for her.
If it was so easy to just "let it go and find someplace else", I would do it.
We spent almost $15,000 turning that building into a school, and that was 18 years ago.
There are very few, IF ANY, properties available for a school in this area.
I'll do what it takes to get through this and I do believe it will all work out.
I won't just sit back and blindly follow my landlord's instructions though.
She is looking out for herself and I am looking out for myself.
She owns numerous condos and office buildings all around this county, I own one school.
Sorry, but I'm more worried about me than I am about her!

 

[montessori]

lilboo,
Thanks for the kind words and constructive ideas.
Your idea is something I've thought about.
I've only had a couple of days to absorb all of this and I know there are many different options I need to look into.
This is very emotional for me and scary as well.
I worry about my Mom too, but she's a trooper and we will get through this together!

I appreciate all suggestions and best wishes!

 

[AirForceRocks]

I was wondering if you would bother posting your two cents worth of opinion on this thread.

I'm sorry, was I supposed to get your permission first?

The bottom line is that you are trying to have control over something (the building) that isn't yours to control. You may own the school, but you don't own the building, and you don't (and shouldn't) have any say over what happens to it in this situation. She has the right to try to make the best deal possible with the city, and if you interfere with that, I wouldn't be surprised if she could sue you for damages.

 

[Briar Rose 7457]

unfortunately, Brenda's right about that -- the landlord could sue for for tortious interference with contract if you overstep your bounds and interfere with her ability to transfer the property. the bottom line is, it's her building, not yours, and her rights are greater than yours when dealing with the city. the law favors landowners, by the way.


you've put an awful lot of money into the improvements, what does your lease say about such improvements when your tenancy is terminated? most of the time improvements belong to the landlord, but you need to check it out.


you may be entitled to some compensation for the landlord for premature termination of your lease, but given that it's an eminant domain situation, I don't think so.

your best bet is to work with the other tenants to see what kind of deal the city is willing to give you.

 

[ripleysmom]

Montessori perhaps there is some kind of municipally funded program that you tap into to change locations. I would contact the town and see if there is anything like that available to you, especially in light of the fact that your being shutdown might cause a shortage of quality pre-school programs in the area.

Good Lukc!!

 

[montessori]

Well, things are a little better now.
My landlord came by the school after she met with her lawyer.
Her lawyer is representing one of the other owners on the block too.
My landlord does not want to sell her building to the city and she has turned down their offer. Same with all, or most, of the other owners on the block.
The city will have to use Eminent Domain to try to get the buildings, but our building is not part of the area they need for the library.
I'm not sure I understand completely, but the landlord is putting in some handicapped parking spaces in our lot and doing a few other improvements to the exterior, so I guess she feels confident we will be around for a while.
I only talked with her briefly, with 25 kids playing all around us.
I'll be meeting with her again next week.
Once again, THANK YOU for your support and kind words!

 

[missypie]

Just remember that if the public entity wants it, they win. The issue in court is how much they pay, but they always win. Leases may or may not allow tenants to share in the proceeds. Often the lease is simply terminated. You may want to slowly start checking out other sites, so you are prepared if the worst happens.

 

[lilboo]

Sounds good!

Hopefully the improvements your landlord is installing coupled with the traffic of the new library (when it opens) will prove to be a boon for your school as well.

 

[montessori]

You are right, missypie.
I was going to say that too.
I am certainly keeping my eyes and ears open, and checking out all kinds of options for the future.
I feel better because we have TIME now, this is all going to take a while.
Thanks for your input.

 

[SugarBear]

This is happening near here - they're condemning a family's farm so they could build a golfcourse!!! Check this out - it makes me sick... http://www.saveourfarm.com