Officials consider using legal action for property

University claims property is needed for public use.

University officials plan to take legal action if necessary in order to overcome a speed bump on the road to campus development.

Thomas Kinghorn, vice president for business affairs, told the Board of Trustees at its December meeting that legal action may be needed to acquire the property at 601 N. Calvert Ave.

The university wants the property for a new parking garage that would increase parking near the Music Instruction Building and Emens Auditorium, Kinghorn said.

"It's a key location and has been a part of our master plan for years," Kinghorn said.

But university officials have been gaining little ground in negotiation with the owners of the the property.

"They've not accepted our offers, but there is an amount much greater than the value of the property that they would let us have it for," Kinghorn said.

Kinghorn would not divulge the amount they offered the owners of the property. He said he hopes to come to a satisfactory agreement instead of having to take legal action.

The legal action would be a use of eminent domain, where the university claims the property is needed for public use. A judge takes into consideration the opinion of both parties and makes a decision.

"The parking needs for the campus are only getting greater as years go by," Kinghorn said. "It's something the university and the Muncie community have been calling for a long time."

Besides hearing about possible legal action, the Board of Trustees was also told about a lack in financing for housing and dining.

About $250 million needs to be raised through room and board fees to help pay for new residence halls and dining facilities, William McCune, associate vice president in the office of the controller, told the board.

This information comes along with news that the university has suffered from financial difficulties the state is facing. McCune said the state withheld payment of the June 2002 final installment of the 2001-2002 appropriation to the university. This results in a reduction of $10.6 million in expected cash receipts for the year.

But while Ball State is suffering financially, it is also asking the state for money-in the form of a DVD. The DVD, made entirely by telecommunications students, is a 27-minute movie about the university today, said Tom Morrison, director of state fiscal relations. The movie includes a $21 million request for a new communications building.

The new building would be placed between the Ball Communications Building and the Art and Journalism Building.


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