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03/18/2008 (2)
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03/18/2008 (2)
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Last modified
2/1/2018 10:14:15 AM
Creation date
10/1/2015 6:18:42 PM
Metadata
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Minutes
Meeting Date
03/18/2008
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4017
Subject
Ocean Concrete
Supplemental fields
SmeadsoftID
7232
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Chairman Bowden, for the record, desired to know who was the Attorney for the <br />Flemings. Deputy County Attorney Bill DeBraal believed they are represented by the Tileston <br />Firm out of Orlando. <br />Lynn Fleming, 6886 16th Street, reported that after she had effected changes to the <br />property and customized her home to her liking, she became aware and received notice that the <br />County needed the right-of-way at the front of her home. She said staff informed her that it was <br />the only feasible option they have and advised her to get an Attorney. Ms. Fleming complained <br />of her inability to afford an attorney, and her non -receipt of notice for today's hearing. She was <br />upset that the County had offered her $55,000.00 for her "front yard", with a warning for her to <br />take the offer or stand to lose it by eminent domain. She believed eminent domain should only <br />be utilized when no other options are available. She felt it was ludicrous to sell her front yard to <br />facilitate a golf course. She hoped the County would explore the other options that are available, <br />like the granting of a variance. She reasoned that if they take the right-of-way it would not only <br />lower her property value, but would be unsafe for her children and pets. <br />Ted Robinson, Indian River Shores, questioned why the Flemings were not <br />notified of this meeting. Director Mora explained why it was not staff's intention to exclude Ms. <br />Fleming from today's hearing. <br />Mr. Robinson thought this was all about what is the reasonable necessity and <br />public purpose of using eminent domain for the almost sole benefit of the real estate <br />development and the construction industry. Administrator Baird explained that the public <br />purpose was to accommodate growth on the roads. Mr. Robinson felt there was no public <br />benefit. He read a letter he wrote to the Commissioners regarding "reasonable public projects," <br />which warns of legal action if the County uses eminent domain to take the Fleming property. <br />Attorney Collins explained staffs proposed offer. It was his opinion that the way <br />the County is trying to proceed is fiscally prudent and not irresponsible. <br />27 <br />March 18, 2008 <br />
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