KGEZ owner will not give up

Twice this week (Dec. 9-15), I've been contacted by reporters regarding the KGEZ towers. First the towers are not violating any laws. I've also read that the city of Kalispell was going to dispatch representatives to talk with me. No one from the city has made any contact with me. Certainly not anyone with ethics, honesty or integrity.

If you remotely believe the nonsense the Kalispell city attorney is telling the city council regarding a litigation schedule of two years from beginning through the Supreme Court, I suggest you contact Peg Allison, clerk of the district court, and she will verify to you the very first condemnation suit is still pending and hasn't even gotten to the Supreme Court yet. After seven years.

The city would be better off to petition the district court to re-open Stadler's Anderson-Gardner decision. Any fool can read the easement and clearly see the easement extends to 160 acres and KGEZ has the perpetual right to relocate any and all towers within the legally described boundaries.

Tower one could have easily been moved to the back and out of the air space at little or no cost. In my opinion, the court rewrote the easement to accommodate the greed of the developers. Read it for yourself. The decision was at the city's expense as well as mine.

It is with amusement once again that the council is wasting the taxpayers' money to fund studies that say the same thing they said in 1999 in the Morrison-Maierle airport study.

Believing you can relocate the towers for $300,000 requires the assumption that you can acquire the needed 80 acres at no cost. Good luck.

It also makes the assumption you can violate the condemnation laws and the constitutions of the United States and Montana and not pay for the assets you will be condemning. The towers have more than $3.5 million in debt owed against them, together with the land they sit on.

There will be no voluntary relocation. Period.

The FAA requires that the assets of the property to be condemned be appraised. The city has never done this. Replacement market value at current prices. Fact. KGEZ has currently approximately 50 acres on U.S. Highway 93 on water and sewer. What would it cost me to replace or purchase what I have where I have it? Market value. Whether I rebuild or relocate is my business. However that cost will also be yours.

The city was invited to participate at every meeting or settlement talks with MDT when prices were locked in at 1999 values. The city sat on the sidelines thinking the next litigation would take care of us. MDT offered $2.2 million based upon 1999 values, and that amount was rejected by me. MDT would then own all the assets and land of KGEZ and then turn around and sell them at 2006 real estate values. I terminated the trial and retained the assets, instead of giving the state a windfall at my expense.

Now the Kalispell City Council is standing alone. I could care less if the city ever builds or expands an airport. I'm sure all the folks you promised a new airport did not believe it; you have never secured your federal funds, and most likely seven years of litigation lies ahead.

The condemnation laws require that the city condemn the assets down to the bare-naked legal title on behalf of the citizens and take title free and clear. That means you cannot just condemn the easement. The easement is 98 percent of the value of the land as established by the state and the courts. It is unlawful to not take the entire property. That's the law. Too bad for the speculators. They knew the risks.

That means you must condemn the tower property, towers and all associated property resulting in a total take. That means the city will then own this 50-plus acres free and clear. The condemnation proceeds are distributed in the ratio of their entitlement. You are then required to sell at fair market value and have a duty to have the taxpayers' money returned. All your funds are returned and you get a high-paying tax base forever.

If the city couldn't afford this airport and to acquire the land or airspace needed, then the council should never have started. If you don't have immediate funds, then I will finance your condemnation and sale until you resell this surplus property.

The city of Kalispell will not get the assets of KGEZ for free, nor am I going to get more than the property and assets are worth. We are both required to pay and receive fair market value. No more no less.

Litigation mandates mediation. We can agree to mediate now, instead of seven years of litigation. The terms are simple. I promise to mediate in good faith. Fair market value. You are to send a team with authority to enter into settlement terms. We can appoint a neutral mediator for binding resolution to reach fair market value and relocation.

I will not negotiate with airport manager Fred Leistiko, city manager Jim Patrick or city attorney Charlie Harball.

This offer of mediation expires on midnight, Dec. 31, 2007.

John Stokes, of Ferndale, is the owner of KGEZ radio in Kalispell.