The jury trial for the state’s lawsuit against Acadia Agricultural Holdings, LLC to obtain 77 acres for a recreation center and culinary arts building for the University will begin Oct. 1 in Thibodaux. Judge Walter I. Lanier III will preside over the trial, and a jury of six Lafourche Parish citizens will determine the verdict, Lawrence E. Marino, the state’s attorney, said. Marino said the jury will consist of expert witnesses, including appraisers, engineers and possibly a surveyor.
The jury will decide the amount the state must pay for the property east of Bowie Road based on appraisals presented by the state and Acadia, Marino said.
“Theoretically, the jury could say that Nicholls can’t have the property, but that won’t happen because there is a clear purpose for the land,” Marino said. “The question will be ‘How much does the state owe?'”
University President Stephen Hulbert said the University is also not concerned about the possibility of the jury deciding against the state’s purchasing of the land.
In addition to there being a clear need for the land, Hulbert said there is a lack of other sufficient land on campus on which to erect the recreation center. Although the University had considered building the structure on the soccer field as an alternative plan, Hulbert said the soccer field land is not adequate for the size of the building and its related facilities, such as parking.
Also, a soccer complex funded by a personal donation is planned to be erected on the soccer field. Pending approval from the University of Louisiana System Board, construction could begin as early as this semester, Athletics Director Rob Bernardi said.
In regard to the value of the desired land for the recreation center, the state will seek an updated appraisal before the trial begins. When the state was in the process of holding land negotiations with Acadia before the issue went to court, the state had obtained two land appraisals, each made by a qualified independent appraiser, the suit stated. The latest land appraisal took place in April 2006.
Marino said the jury does not have to agree with the appraisals presented by either side. He said the jury can pick an amount in between the two appraisal values if necessary.
The state’s lawsuit, which was filed in December, requested an expedited trial at the earliest possible time after 60 days from filing the suit.
Marino said the Feb. 14 pre-trial conference, in which the court dates for the trial were determined, went much better than expected. However, he said certain factors restricted the trial from beginning sooner.
“There were a lot of criminal trials scheduled, and those had to take precedence,” Marino said.
Hulbert acknowledged the University’s frustration with the situation.
“I am enormously frustrated that the issue has gone on year after year, and now that we’re at the court level, it has been delayed until October.”
The length of the trial will be determined by how much testimony is needed for the jury to agree on the verdict, Marino said.
The state’s trial against Acadia differs from a typical expropriation trial, such as the seizure of land for a public highway, because in those situations the land is acquired first and then the case is taken to trial to determine the owner’s compensation, Marino said. In this case, the state will receive the property once the jury determines the land’s value and the state pays that amount, he said.
The state has set aside $5 million for the purchase of the land since 2004, Marino said, but appraisal costs and attorney fees have reduced that amount.
