UNT May Use Eminent Domain on Denton Sack ‘N Save

A long time grocery store in central Denton may soon have to go to make room for their growing neighbor: the University of North Texas.

On Thursday the UNT Board of Regents voted to acquire the property at 1500 North I-35 E to make way for growth of the campus.

UNT Chancellor Lee Jackson said the spot would likely serve as a location for a community services center; given its easy access from the freeway for the public. However in the long-term he said the University will need to expand its student housing and the spot could also be a contender to serve that need.

"We will need additional residential beds and additional space for our community services, for our clinics and other programs,” Jackson said.

The University often acquires properties for its 3 campuses in North Texas, and Jackson said usually the process moves through with them offering a fair market price for the property to the owner and the owner selling. However he said that was not the case here.
"Our evaluation was not close enough to the property owner's estimate of its value to be resolved,” he said.

Because of that the Board of Regents authorized the University to use eminent domain if an agreement can’t be resolved; according to the Merriam-Webster Dictionary that’s a right of a government agency to take private property for public use.
The plan was news to Gary Shelton Friday morning; the owner and operator of the grocery store.

"This was totally unexpected,” he said.

While Shelton leases the property from a separate owner he said he’s never been made aware of any pursuit by UNT to take over the spot. He said immediately after hearing about the decision Thursday he called the property owner’s secretary.

"She said, ‘we know nothing about it,’" he said.

Shelton took over the Sack ‘N Save several years ago, though the property has served as a grocery store for about 30 years, he said.

"A lot of the students walk here to buy groceries,” said Shelton.

The folks at the store have been expecting a meeting with the Texas Department of Transportation next month that could result in the loss of some space from their parking lot to make room for the freeway expansion of I35E.

Chancellor Jackson said that construction will likely disrupt the property as well as several others in the area and could actually change the land use in the end.
“It may not always be a grocery store, it could be any kind of commercial property,” he said.

Shelton said he and property owners have been hopeful they will survive that process only losing some parking lot space, but the pursuit by the University has given him a new worry.

However he said they fully intend to continue operating until they are forced to stop.

"We’re going to hang in here and play it all the way out, see what happens. If it happens we'll try to keep the store open as long as we can,” said Shelton.

Several employees and shoppers at the store also pointed out that the grocer is in a prime location for University students and local neighborhoods, and they feel doing away with it would actually be detrimental to the community.

"Leave the convenience alone for the students; for the people who have to depend on Sack 'n Save,” said Kennesha Mills of Denton.

"We have a lot of people that's been here 15, 20, 25 years and we don't think it's right for a University to come in here and try to take this from us, take this business,” said Manager Jason Badejo who was on-hand with Shelton Friday to reassure employees of their commitment to stick things out.

Jackson said this acquisition attempt is not an isolated incident; the University has already acquired many properties in the area and has several more that fall within its master growth plan that it may pursue in the future.

"We have no complaint about the grocery store, it's a valued neighbor,” said the Chancellor.

Chancellor Jackson expects movement on the process in the next few months and said the University will follow all of the correct notification procedures and try to work towards the fairest deal for everyone.

He said often once the eminent domain process begins the two parties are able to work out an agreement that benefits both.

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