The struggle to acquire land for a student recreation center and other facilities for Nicholls shifted last month after the state filed suit to expropriate about 77 acres after more than two years of land negotiations. The state’s suit was filed against Acadia Agricultural Holdings, LLC Dec. 12 in Lafourche Parish by the Lafayette firm of Oats and Hudson.

“Naturally, we are very disappointed that, after a number of offers by the state to the sellers, we appear to be further apart than we were when we began the negotiations,” University President Stephen Hulbert said.

Expropriation, also called eminent domain, occurs when the state acquires privately owned land needed for public use. In addition to a recreation center, Nicholls wants to use the land east of Bowie Road for a culinary arts building and for future expansion of the University.

“Without acquisition of the property, Nicholls will be limited and unable to develop and grow to best meet the needs of its students and the community,” the suit states.

Attorney Lawrence E. Marino said the case has been assigned to Judge Walter I. Lanier III.

The Board of Supervisors for the University of Louisiana System and the commissioner of administration, who are handling this matter for the state, requested an expedited trial at the earliest possible time after 60 days from filing the suit, the suit states.

“Both sides will present appraisers to talk about what the value (of the property) is,” Marino said. “It will be the jury that decides.”

If the jury favors on the University’s side, the property owners could appeal the district court’s decision, and it could be another two years before the suit would be resolved, Marino told the Nicholls Inside newsletter.

The suit states the board obtained appraisals of the property by two qualified independent appraisers, both members of the Appraisal Institute. John C. Doiron on June 1, 2005 appraised the land, which consists of two parcels, at more than $2.35 million. W. Ross Shuffield on April 20, 2006 appraised the land at more than $2.71 million.

Doiron appraised the smaller parcel of land at a higher price than Shuffield, and Shuffield appraised the larger area at a higher value.

The law requires the state to offer at least the lowest appraised value, Marino said, and the state cannot pay more than the appraised value of expropriated property. However, he said the state offered Acadia the higher value of each parcel of land.

“We went above and beyond what the law required,” Marino said. “We’re trying to be as fair as possible, and they still aren’t satisfied.”

Although $5 million has been set aside by the state for the acquisition of the land since 2004, he said appraisal costs and fees for attorneys have reduced that amount.

The suit states the board has made a “good-faith effort to negotiate the acquisition of the property.”

Jake Giardina, one of Acadia’s co-owners, said in an August 2005 issue of The Nicholls Worth that state officials did not send any formal proposals to Acadia until July 2005 – almost eight months after they said they originally would.

“Acadia has every interest in seeing Nicholls grow and reach its potential for serving the community and student body,” Giardina said in the 2005 article. “Based on those lengthy delays which were certainly out of our hands, it is hard to say how quickly an agreement might be reached.”

Marino said negotiations “can take a while” because of the time spent waiting on appraisals and because several people have to be consulted.

He said after Acadia rejected the initial offer, the board took into consideration Acadia’s suggestions, had the land appraised again and made another offer.

Pending court proceedings, University officials expect completion of the recreation center by 2008.