City, Elmwood Farms settle condemnation case; court still must rule on 'heritage value'

The city of Cape Girardeau has agreed to pay $90,000 to the owners of the historic Elmwood property along Bloomfield Road to settle a land condemnation case.

But the judge in the case could order the city to pay another $45,000 in "heritage value" to property owners Patrick and Cheryl Evans after a court hearing, scheduled for October.

Deputy city manager Molly Hood said Wednesday "both parties felt it (the settlement) is reasonable and fair."

Court-appointed commissioners had concluded last year the city should pay $55,030 to Elmwood Farms. But the property owners argued for much greater compensation.

Hood said the two sides recently negotiated the settlement with the help of a mediator.

The city previously had deposited the $55,000 into a court account. With the agreement, the city was obligated to pay another $34,970 to reach the $90,000 amount, according to a court document.

According to court records, Elmwood Farms acknowledged receipt of the condemnation money Aug. 16.

Terms of the settlement were filed Aug. 1 in Cape Girardeau County Circuit Court. Judge Robin Fulton signed the consent judgment the same day.

Hood said the settlement allows city staff to get a handle on costs associated with the Bloomfield Road widening project.

Construction is well along on the project.

The condemnation involved the taking of about two acres of a 17-acre tract.

The land taken for the project did not include the historic house, which dates back to the early 1800s.

According to court files, the Cape Girardeau City Council in the settlement agreement was given two choices regarding the consideration of "heritage value."

The council could allow the court to decide the issue or agree to pay an additional $22,500 to settle all the claims.

Hood said the council decided to let the heritage-value issue be settled in court.

A separate condemnation case involving land owned along Bloomfield Road by Patrick Evans' sister, Mary Evans Auer, is pending.

Elmwood Farms' attorney, James F. Waltz of Cape Girardeau, said the heritage-value issue will be settled by the judge and not a jury, as required by state law.

Under state law, a court must approve a 50 percent increase in the condemnation payment if it is found the land has heritage value, Waltz said.

If the city has to pay the additional amount, total compensation will be close to the $140,000 value determined by an appraiser hired by Elmwood Farms, Waltz said.

Depending on the ruling, Waltz said his client will receive either another $45,000 or no additional amount.

The law requires the added compensation when the property has been within the same family for 50 or more years, Waltz said.

But a previous judge in the case, Benjamin Lewis, said heritage value applies only if the land cannot be used in "substantially the same manner" as before.

Waltz said Bloomfield Road realignment has affected the ability of his client to use the historic property.

But he added "there is not a universal opinion" on what constitutes heritage value in Missouri.

The Elmwood estate was once home to one of the city's pioneer families and later was the residence of famed civic leader Louis Houck.

mbliss@semissourian.com

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