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Attorney Brandenburg pointed out that if we were to get <br />the property owners to donate the road right-of-way now, <br />then, of course, the City would have no choice but to <br />condemn their right-of-way line alongside our road right-of- <br />way. <br />Administrator Wright stressed that is exactly what we <br />are recommending -- that we get the donation first and if <br />that fails, go to condemnation. <br />Commissioner Wodtke believed that the Board may take <br />the position that if the property owners do not want to <br />donate the right-of-way, then we don't want to buy it. <br />Director Davis stated that if that transpires, then the <br />City will go ahead and condemn their power line right-of-way <br />on the north property lines and the County would not have <br />any option but to offset the road to the north. <br />Commissioner Wodtke believed that we have the ability <br />to tell the courts that is a proposed road right-of-way. <br />Attorney Brandenburg advised that the County could <br />enter into a lawsuit, but pointed out that we may have some <br />leverage with the City on this matter with regard to a <br />Special Act which they need passed. <br />Commissioner Scurlock clarified that at present the <br />City cannot acquire right-of-way in unincorporated areas and <br />the Board may want to object to legislation that is being <br />proposed which would allow them to do that. <br />Attorney Brandenburg suggested that the appropriate <br />procedure would be to inform the Legislature that we have <br />some difficulty with the acquisition of this road <br />right-of-way, and whatever special act is being considered, <br />the County wants to make sure that the City's condemnation <br />power is consistent with the County's Thoroughfare Plan, <br />which calls for a 100 -foot road right-of-way in this <br />instance. <br />50 <br />APR 101985 <br />BOOK 80 OGF 481 <br />