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Everette Brown, 4236 11th Street, wanted clarification on the location of the CIP <br />projects and to whom the Notice to Owners were sent. He requested the Board recognize and <br />consider the impact that the numerous road projects around the County has put upon the residents. <br />Director Davis reported that four of the pending projects have grant funding from <br />the Department of Transportation (DOT), and that unless those projects are built within certain <br />time restraints, they would be lost. <br />Discussion ensued regarding amendments to Resolution 2008-139; concurrency and <br />the Capital Improvement Element; and prioritizing roads and acquiring right-of-ways. <br />Administrator Zito acknowledged that the only function of the Notice to Owner is to <br />serve as a prerequisite to filing a lawsuit in court. <br />Mr. Brown voiced further concern over the 43rd Avenue project and being <br />inconvenienced with the retraction of the Notice to Owner. <br />Bill Bethel, 4875 66th Avenue, cited Florida Statute 73.015 as the governing Statute <br />for the Notice to Owner. He said that it allows the condemnee to understand their rights under the <br />law, and that abrogating someone's rights could lead to a lawsuit. He listed the three basic rights in <br />Florida: possession, use, and disposal; and said that once a person receives a formal notice that the <br />County is interested in buying the property, they can either purchase it voluntarily or they can take <br />it involuntarily. He feels this takes away his right of disposal, which makes the County liable <br />under the law. <br />36 <br />December 2, 2008 <br />