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His recommendations included delegating to staff the authority to offer no more than 15% <br />above the appraised value for purchase of right-of-way property. <br />Vice Chairman Davis agreed with Commissioner Wheeler's desire to streamline <br />the right-of-way acquisition process, and wanted to see the right-of-way department <br />consolidated, with more cohesiveness among the different departments. He requested Attorney <br />Mickey Barkett, who had expertise in eminent domain, to provide her perspective on <br />streamlining right-of-way acquisitions. <br />Attorney Mickey Barkett stated that right-of-way acquisitions should begin with <br />whoever originates the right-of-way designs, which should then be evaluated by engineering, <br />which would be provided with the overall objective of the road project. She believed that the <br />sooner a taking authority gets in and does the project, the better, for both the government and <br />the property owner. She suggested that the Board check with other Counties regarding their <br />processes, and disclosed that paralegals and non -attorneys can be used to handle pre - <br />negotiations. Attorney Barkett deemed that obtaining fair appraisals, then adding an additional <br />percentage, could often effect a smooth right-of-way acquisition process. <br />Attorney Barkett responded to questions from the Board specific to the purchase <br />of Mark's Mobil. She pointed out that the County could have used their position as a taking <br />authority to take the entire property without compensating for business damages, if an <br />engineering necessity for the entire property had been established. <br />Deputy County Attorney William DeBraal stated that appraisers and attorneys <br />should be involved at the beginning of the planning process. He noted that the County needs to <br />identify where costly takings might occur and plan accordingly. <br />Pursuant to the Board's request, Public Works Director Jim Davis discussed the <br />history of the intersection at Mark's Mobil, and explained why the right-of-way acquisition <br />process for Mark's Mobil had taken so long. <br />43 <br />September 16, 2008 <br />