LEXINGTON, Ky. (LEX 18) — As construction continues at the site of the new Rise STEM Academy for Girls, an eminent domain fight is intensifying between Lexington homeowners and Fayette County Public Schools.
Last week, the FCPS Board of Education filed a petition in Fayette Circuit Court to acquire land through eminent domain.
Homeowners say the district's taking is an "unfair land grab." In August, four of them filed a lawsuit against the board, but FCPS insists the land is needed for the new school.
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Homeowners suing FCPS over use of eminent domain on their properties
FCPS Chief Operation Officer Myron Thompson addressed the controversy Monday, explaining the district's position from the construction site that neighbors have challenged for months.
"Land is pretty scarce here in this community, as you very well know, and we're running out of pieces of property for schools in particular because it requires such a large footprint," Thompson said.
Referencing the strip of land between the construction site and nearby homes, he said that "the property is split by this curb right here, so it's half the owners and half ours, so we basically expanded to make this bus lane."
A bus lane to the school on Versailles Road will replace what neighbors describe as a private tree line. Thompson said that placing the bus lane elsewhere would disrupt existing drainage infrastructure.
Laura Mullins, whose yard backs the site, doesn't buy the explanation.
"It's been a nightmare from the beginning," Mullins said.
Mullins claimed she only learned of the project after the trees were removed. Since then, she says heavy rain floods the neighborhood like never before, and her emails to the school board have gone unanswered.
She emphasized she is not part of the eminent domain dispute but still expects transparency from the district.
On Monday, Thompson acknowledged communication challenges with neighbors.
"We've tried to communicate with the neighbors for some time, a lawyer was hired over a year ago so it has limited communication. We've had an onsite meeting with the neighbors to resolve some issues. We'd been waiting for an offer and that never arrived, so our attorney filed last week the eminent domain action," Thompson said.
As the FCPS Board of Education moves forward with eminent domain, opposition from residents continues to grow.
"These are our homes. They're not a lot to a lot of people, but it's what we have, it's what we have built," Mullins said.
Thompson stressed that eminent domain is not the district's preferred approach.
"In terms of eminent domain, it's not something the board of education seeks to do at all. In the last 40 years, we've only had to do this one other time for an elementary school in the Masterson Station subdivision, so it's not something we look to do at all," Thompson said.
Now that the petition has been filed, the court will appoint commissioners to examine the property and determine what each property owner is owed. Property owners can then accept or contest those determinations.
