DAV Property Ruling Still to Come; KDE Letter Approves Schools to Move Forward

While proposed findings are due to the judge today, all interested parties still await a decision on the former Disabled American Veterans property at 3725 Alexandria Pike.

by Robin Gee, city council beat editor

Campbell County Circuit Court Judge Julie Ward is continuing deliberations on the fate of the former Disabled American Veterans (DAV) property located at 3725 Alexandria Pike. Proposed findings supporting both sides of the dispute over the property are due today, but when she will make her decision is still up in the air.

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Purchase of the nearly 30 acres was finalized by the city of Cold Spring last month and officials have been talking to local healthcare providers about development plans. Yet, still unsettled is a filing by the Campbell County School District for eminent domain in the hopes of obtaining the site for a second middle school. 

RELATED: DAV Property Update: State Outlines Issues With Schools’ Purchase Request, Schools and City Respond 

In August, school district officials received a letter from the Kentucky Department of Education (KDE) denying their request to move ahead with purchase of the property. The letter highlighted several issues that would need to be addressed before permission could be granted.

Since then, the school district responded to the letter, addressed many of the issues and provided some missing information. In September, KDE sent another letter, this time approving the district’s request contingent upon two criteria:

  • Approval by the Kentucky Board of Education for acquisition and site preparation costs in excess of ten (10) percent of the maximum budget for the project.
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The letter stated KDE has received various amounts related to the value of the property and acquisition costs, and that the actual amount the district would have to pay is unknown at this time. The appraisal, PVA information and the Commitment for Title Insurance all when compared with the district’s architect’s estimated total project cost exceed the 10 percent threshold established by regulation and would need approval by the Kentucky Board of Education. And, if KBE gives its approval, then the KDE would consider the school board compliant on that issue.

  • Waiver approval by the Kentucky Board of Education on a requirement that “The property shall not have easements traversing the site” for the multiple easements.”

The property has multiple easements and is traversed by a 50-foot natural gas transmission pipeline as well as other utility lines. A 10-foot sanitary sewer is also present and may have to be relocated. The letter stated that the requirements concerning addressing these issues do not have to be remedied at this time but must be remedied as site plans are further developed.


Dr. David Rust would not comment on the letter as it is part of the ongoing litigation. The city continues to refine its plans to bring a healthcare facility to the site. Both parties are awaiting the judge’s decision.