The Batavia Park District is seeking to amend a jury decision on the price of a 15.3-acre site that the district wants for a new park next to Batavia Middle School. The July 16 decision set a price of $1.02 million, instead of the $600,000 that the district was offering the site’s owners.
Kane County Judge Patrick Dixon is expected to hear the district’s post-trial motion, filed Friday by attorney Stephen Sullivan, within the next several weeks. The judge could alter the monetary judgment, order a new trial or let the jury’s decision stand.
The district last fall offered to buy the site, part of the 51.28-acre farm property owned by the Barkei family. When the family rejected the district’s offer, the district used the power of eminent domain to receive the unannexed land.
Eminent domain, however, requires that fair-market value be paid for the property. The district offered a price based on the land not being annexed, and the owners requested a price based on its value after its eventual annexation. The jury supported the owners.