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06/17/2008
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06/17/2008
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Last modified
2/1/2018 10:35:36 AM
Creation date
10/1/2015 6:19:07 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Minutes
Meeting Date
06/17/2008
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4019
Supplemental fields
SmeadsoftID
7246
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wells at a cost $736,965.00, and authorized the Chairman <br />to execute same, as recommended in the memorandum of <br />May 27, 2008. <br />13. COUNTY ATTORNEY MATTERS <br />B.A. EMINENT DOMAINNonm <br />Assistant County Administrator Michael Zito presented this item for Attorney <br />Collins, who was unable to attend today's meeting. He recalled that on June 3, 2008, the Board <br />had requested Attorney Collins to investigate concerns regarding proper notice being sent to <br />property owners in the County's right-of-way acquisitions. Assistant Administrator Zito <br />reviewed a memorandum prepared by Attorney Collins (pages 226 & 227 of the backup) and <br />said that the issue came down to whether a particular notice enumerating specific rights under <br />the Eminent Domain Statute was required to be sent when staff was initiating an arms -length <br />negotiation for a right-of-way acquisition. It had been Attorney Collins's interpretation that <br />when the County acquired property through an arms -length negotiation, said notice was not <br />required to be sent; however, in an abundance of caution, the County Attorney would now be <br />issuing the notices in all cases. <br />Commissioner Wheeler had two main concerns: (1) to ensure that the property <br />owners are given clear and easily accessible information on their rights and on the County's <br />process for right-of-way acquisitions; and (2) to expedite the process when right-of-way <br />acquisitions are transacted with willing sellers. <br />Assistant Administrator Zito conveyed that a cover letter highlighting the sellers' <br />rights would accompany the notices, along with a copy of the statute. <br />24 <br />June 17, 2008 <br />
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