Bruce Gutschmidt, 57, his long-time girl friend, Christine Messer, 56, and their Yorkshire terrier Kiki enjoy the relaxed, private setting at Gutschmidt’s home in Bothell on nearly two acres that he has lived on since the 1970s. Gutschmidt and other homeowners being bought out by Everett School District as the district seeks to build a fourth high school. (Dan Bates / The Herald)

Bruce Gutschmidt, 57, his long-time girl friend, Christine Messer, 56, and their Yorkshire terrier Kiki enjoy the relaxed, private setting at Gutschmidt’s home in Bothell on nearly two acres that he has lived on since the 1970s. Gutschmidt and other homeowners being bought out by Everett School District as the district seeks to build a fourth high school. (Dan Bates / The Herald)

Editorial: Eminent domain isn’t popular, but it’s fair

Everett Public Schools’ condemnation process assures fairness for property owners and taxpayers.

By The Herald Editorial Board

Coming less than a month before seeking voters’ approval in a bond and levy election, now would seem like a bad time to be going through a property condemnation battle with homeowners.

A government agency’s use of eminent domain to acquire property is rarely portrayed in ways that show the school district, city, port, state or other agency in a favorable light, because it forces property owners into a sale they haven’t sought and requires them to accept a price they often don’t agree with.

But the Everett School District — in pursuing eminent domain for three properties as it seeks to build a new high school and elementary school in the district’s south end in the North Creek region near Bothell — is following the law and meeting its fiduciary duty toward taxpayers.

The district could have waited until the process had moved through the court system before going to voters, but district officials, specifically Superintendent Gary Cohn, say that waiting to start work on design, permitting and the bond request until after condemnation proceedings were complete, would have delayed construction and added an estimated $9 million to the $216.8 million high school project.

The district, with oversight and the approval of its school board, pursued condemnation of three properties when it couldn’t reach agreement with the properties’ owners on the sale or its price. In late October, a county Superior Court judge ruled that the district had demonstrated the legal grounds to use eminent domain to acquire the three properties needed as part of the 44-acre campus. Since then, the district has reviewed appraisals and made “full, fair and just” offers — as required by state law — tacking on another $10,000 for each, which can be used by property owners for attorney fees, relocation or other costs.

That money has been forwarded by the school district to the court, which can disperse it to the property owners, even as the court continues its review of the appraisals and determines if the district needs to provide additional compensation to property owners.

But for one property, one of its owners and the district are more than $500,000 apart in agreement on a sale price.

Bruce Gutschmidt, who co-owns the property with a brother who lives in Alaska, recently submitted an appraisal of $895,000 for the 1.9 acres of property. But the district earlier received an appraisal from the brother in Alaska that sought $375,000. The district’s initial offer was $320,000, but it accepted the appraisal from the brother in Alaska and added a $10,000 bump for the owners’ additional costs.

The difference in the appraisals, Cohn and district Facilities Director Mike Gunn said, is that Bruce Gutschmidt’s appraisal assumes the value of the property if it were within the boundaries of the nearby Urban Growth Area.

It’s not. And, Gunn said, the county has been looking at the issue of the UGA’s boundaries and has made no move in the last 10 to 15 year to include the area within the UGA. In the interests of taxpayers, the district can’t accept an appraisal that’s based on land speculation, Cohn said.

Any court that would accept an appraisal based on speculation that the county might change the UGA boundaries or otherwise seek to rezone the property, would represent a significant change in precedent that would fuel a boom in property costs for any government agency seeking to buy property whether or not it was using eminent domain.

Everett Public Schools needs to build a fourth high school. And soon.

Its projections show the school district will have more than 6,600 high school-age students by 2025. The district built Cascade High School when enrollment at Everett High School school topped 2,300 students, and it built Henry M. Jackson High when Cascade’s enrollment reached a similar mark. Jackson’s enrollment is now at more than 2,450 students.

Jackson houses many of its students in 17 of the 115 portables used by the district. Without a new high school and other planned schools, the number of portables is expected to grow to 145 by 2026. District-wide, the district has 19,887 students as of this fall, with enrollment expected to grow by another 1,600 over the next decade.

A fourth high school is a must for the Everett School District.

Finding a suitable location for a school is complicated by transportation needs, the location of residents and services and the availability of property. Condemnation of property through eminent domain is often controversial, but it’s meant to determine a fair price for the property owner while recognizing the duty a government agency has to taxpayers.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

toon
Editorial cartoons for Tuesday, July 15

A sketchy look at the news of the day.… Continue reading

2024 Presidential Election Day Symbolic Elements.
Editorial: Perkins, in strong field, best for Marysville council

The fifth-grade teacher hopes to improve outreach and participation with neighborhood meetings.

State should have given ferry contract to shipyard here

The state of Washington’s decision to award its newest ferry construction contract… Continue reading

Some Democrats did question Biden’s fitness to run

Recently, a letter to the editor said that Democrats would not say… Continue reading

Dowd: Trump’s good-looking Cabinet making him look bad

Trump’s toadies are keeping the truth from him and making decisions on their own that dog the president.

Goldberg: Why Nebraska may make GOP pay for its awful bill

It will be tough for Democrats to win the Senate, but an independent union leader could tip the balance.

Comment: Trump era will prove consequential; but as he hopes?

Trump has taken far-reaching steps in foreign and domestic policy. What follows will write his history.

Authorities search for victims among the rubble near Blue Oak RV park after catastrophic flooding on the Guadalupe River in Kerrville, Texas, on Sunday, July 6, 2025. The half-mile stretch occupied by two campgrounds appears to have been one of the deadliest spots along the Guadalupe River in Central Texas during last week’s flash floods. (Jordan Vonderhaar/The New York Times)
Editorial: Tragic Texas floods can prompt reforms for FEMA

The federal agency has an important support role to play, but Congress must reassess and improve it.

2024 Presidential Election Day Symbolic Elements.
Editorial: Retain Escamilla, Binda on Lynnwood City Council

Escamilla was appointed a year ago. Binda is serving his first term.

A Volunteers of America Western Washington crisis counselor talks with somebody on the phone Thursday, July 28, 2022, in at the VOA Behavioral Health Crisis Call Center in Everett, Washington. (Ryan Berry / The Herald)
Editorial: Dire results will follow end of LGBTQ+ crisis line

The Trump administration will end funding for a 988 line that serves youths in the LGBTQ+ community.

toon
Editorial cartoons for Monday, July 14

A sketchy look at the news of the day.… Continue reading

Comment: Midterm messaging fight for working class has begun

And Democrats have a head start thanks to the GOP’s all-in support for cuts to the social safety net.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.