Laserfiche WebLink
that the Statute requires before litigation can be filed, and that there must be an unconditional offer <br />giving the landowners 30 days to accept or reject it. <br />Deputy County Attorney Bill Debraal said the Resolution of Necessity would soon <br />be coming forward. He conveyed that the consultant completed the corridor study, submitted it to <br />staff last week, and that it would be brought forward in February for Board approval. He felt that <br />30 days might not be sufficient time to bring a suit, due to all the different aspects that must be <br />explored. <br />After a brief discussion regarding the Resolution of Necessity, Mr. Paladin voiced <br />concerns that the system which was put in place for right-of-way acquisition was not working. <br />Attorney Collins believed Mr. Paladin was asking for something that was not <br />obtainable, and he explained how this could not fit into a "rigid time frame" due to all the <br />components, and the complexity of eminent domain. He did not think 30 days would be a <br />reasonable expectation. <br />Chairman Davis acknowledged the emotional drain that individuals encounter when <br />going through the right-of-way process, and because of that, he liked the idea of having an <br />Ordinance in place for reasons of structure and the ability to move forward with a predictable time <br />frame. <br />Attorney Collins spoke about the process, how it cannot be locked into an <br />Ordinance, and the workload of outside counsel. <br />In response to Commissioner O'Bryan's query, Attorney DeBraal affirmed that the <br />property owners had not provided formal responses of accepting, rejecting, or countering the <br />County's offers. <br />16 <br />January 13, 2009 <br />