The battle is over.
Ball State and the owners of 601 N. Calvert Ave. have entered into an agreement in which the university will get the land it's been after for more than two years.
The university wants to build a parking garage on the land where the house sits, but the owners have denied money offers from Ball State because they want the house to stay standing.
Court documents did not reveal the details of the settlement or purchasing agreements. But Ball State will not close the deal for the land until on or about June 2, according to court documents.
Ball State's attorney Scott Shockley said he could not comment on the terms of the settlement because they are confidential. He did say a cash payment would be "part of the deal," however.
The university offered the Estate of Jacquolyne T. Werner, which owns 601 N. Calvert Ave., $185,000 at the end of last year for the land. The estate declined to accept the offer.
Michael Werner did not return calls Wednesday. Werner, who is the son of David and Jacquolyne Werner, has headed up negotiations for the estate since his mother, Jacquolyne Werner, died in 2001. Werner has previously said he can no longer talk about the case.
Ball State sued the estate in February after the Werner family declined the money offer. The university was exercising its power of eminent domain to acquire the property, according to court documents.
Eminent domain is the right of the state to take private property for public use. The Fifth Amendment to the Constitution requires that just compensation be made to the owners of private property if it is taken for public use.
During the eminent domain procedure, a judge decides if the land is needed for public use. The suit was suppose to go to court Thursday, but the hearing was canceled because of the settlement.
The Ball State Board of Trustees approved use of the eminent domain procedure if necessary during its December 2002 meeting.
Werner has previously said he was not interested in selling the house to Ball State because of the university's plan to build a parking garage. On his Web site, www.save601.com, he suggests the house be used by Ball State as a home for visiting faculty, an inn for visiting musicians or an international student area.
Ball State is not interested in using the house, said Thomas Kinghorn, vice president of business affairs. He said the land the house sits on will be used for building a parking garage, which is part of the university's "master plan."
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