ASU officials shut down negotiations over the price of land needed to build a second phase of McAllister Academic Village, a lawyer for the property's owner alleged.
The Arizona Board of Regents approved on June 16 a resolution to permit ASU to use eminent domain to seize the property, formerly known as Timberwolf Pub & Grill, located at 740 E. Apache Blvd.
Eminent domain refers to the right of governments to take property from private landowners for public use.
The United States Supreme Court made a 5-4 ruling Thursday that local governments can condemn and seize land for use by businesses and development companies.
University officials alleged at the regents' meeting that the pub's owner, Ray Evans, and his attorney, Grady Gammage, Jr., wouldn't negotiate the price of the property.
Gammage, a local real-estate lawyer and ASU adjunct professor, said Friday that Evans was eager to strike a deal on the property.
"During their first meeting, he said, 'Look, I'm a developer, I've owned this property a long time, let's work something out,' " Gammage said.
ASU officials previously stated that Evans was unwilling to negotiate on the land, which is surrounded by University property.
The first phase of the academic village is set to open in fall 2006, while the proposed second phase - which likely would include expanded honors college facilities on the Timberwolf property - has not yet been approved by the regents.
Evans offered "all kinds of alternatives," Gammage said. Evans offered to build ASU officials' desired facilities on the property and lease them to the University, Gammage said.
Gammage added that Evans suggested entering into a joint venture with another company to build University structures, and exchanging the property for land farther away from campus.
"The University said no, that was too complicated."
Rich Stanley, senior vice president and University planner, said at last week's regents' meeting that Evans had made known no intention of developing the property.
Gammage said ASU officials' statments suprised him because he believes Evans had been negotiating for more than a year.
He also took issue with ASU President Michael Crow's statement that the university would initiate eminent domain proceedings "only as a last resort."
"I presume they will [enter into eminent-domain proceedings]," Gammage said. "It's essentially certain at this point."
Stanley said appraisal values vary and he believes ASU officials are asking for a fair price for the land. The University isn't done negotiating, he said.
"I won't try to handicap [the land situation] before it's over," Stanley said. "We will try to work it out.
Nicole Saidi contributed to this report. Reach the reporter at jason.ludwig@asu.edu.
