The Florida School for the Deaf and Blind Campus has mushroomed from five acres to more than 75 acres. It demands eminent domain despite declining enrollments. Two National Register of Historic Places neighborhoods are in danger -- Fullerwood and Nelmar Terrace. State Representative William L. Proctor is behind the scheme.
Wiles says eminent domain for FSDB would have long-term impact
Former legislator differs with Proctor on granting school eminent domain
Posted: January 27, 2012 - 12:33am
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By PETER GUINTA
peter.guinta@staugustine.com
When former state Rep. Doug Wiles, D-St. Augustine, wrote House Bill 1059 in 2004, he intended that The Florida School for the Deaf and the Blind be treated as a school district or university — adding that it should cooperate with city zoning laws.
But the Senate removed the obligation to cooperate from the final bill.
Now, with House Bill 1037 submitted by state Rep. Bill Proctor, R-St. Augustine, any neighborhood protection in Wiles’ bill would be gone, and FSDB would have the power of eminent domain.
Proctor worked closely with the city when he served as president of Flagler College, Wiles said.
“When things got a little rough, they worked it out,” he said. “Both sides can grow and expand when you work together. (FSDB President) Danny Hutto has tried his best to keep good neighborhood relations. I don’t think they need eminent domain, but if you have to have it, there should be part of the law that says you’ve got to work together.”
Residents living in the historic neighborhoods of Nelmar Terrace and Fullerwood are alarmed.
FSDB is bounded on the west by San Marco Avenue and on the east by the Intracoastal Waterway. Unless it decides to expand across San Marco, it can only grow north toward Fullerwood and south toward Nelmar Terrace.
Wiles’ bill said educational institutions “may have an adverse impact on the public facilities (and) services of host governments,” so its long-range plans must contain “elements of intergovernmental coordination that addresses compatibility with the surrounding community.”
He served from 1996 to 2004.
On Thursday, he said giving FSDB eminent domain “may not have an immediate impact but would certainly have a long-term impact. We can’t even imagine what that impact will be. Eminent domain powers given to a state agency may apply anywhere, even in the county.”
Today, Fullerwood and Nelmar residents say they will attempt to convince FSDB’s seven-member Board of Trustees to end their attempts to obtain eminent domain. A hearing set for 9:30 a.m. on campus is to discuss security issues relating to the historic Collins House on Nelmar Avenue, now a girls dormitory.
Wiles said H.B. 1037 would eliminate the sense of cooperation that he specifically wrote into his 2004 bill.
There’s sometimes a dramatic escalation in land cost when a state institution seeks to buy private property, so eminent domain — used for example by North Florida Regional Airport to acquire the Araquay Park properties — can be necessary for the public good, he said.
But residents note that FSDB’s enrollment is declining and ask, “Why do they want this power?”
Homeowners have the power to sue under 1995’s Bert J. Harris Property Protection Act, which says property owners could be due compensation if a government takes their property without adequate compensation.
Wiles said, “The school bought (the Collins House) knowing they couldn’t use it. Why wouldn’t they want to work more effectively with the political entity that surrounds it?”
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FSDB to hold emergency meeting over securing alleyway by Collins House
The Florida School for the Deaf and the Blind trustees are to hold an emergency meeting today to figure out how to make a campus alley safer for students.
FSDB spokeswoman Miki Gilloon said there have been some “increased incidents” since the holidays in the alleyway on the Collins House property on Nelmar Street. The alleyway is also adjacent to the president’s house at 27 Milton Street, she stated.
“Basically this meeting is to look at ways in securing the alleyway, and this is a decision that’s going to be made by the board of trustees,” Gilloon said.
The meeting is open to the public and to be conducted at 9:30 a.m. in Moore Hall, 207 N. San Marco Ave., Room 126.
Residents may also participate by conference call by dialing 866-503-4605.
When prompted, enter code number 9048272614. Then, state your name and press the # key.
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