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r—� <br />people on both sides of the canal, and Mr. Boling believed <br />it would. <br />Commissioner Scurlock felt we need to find a vehicle, <br />either through a credit against the impact fee or actual <br />cash dollars, and that we pay for the right-of-way when we <br />take it. <br />Commissioner Wodtke suggested giving a credit even if a <br />road is not on the capital improvement plan, say if a <br />developer goes in and the road needs to be paved or <br />additional right-of-way is needed out front, and calculate <br />those improvements and give a credit for them. <br />Chairman Lyons felt that we don't want to get off the <br />main issue and that is that we want a certain width of road <br />to go through there, but the question is how do we get <br />there. <br />Commissioner Scurlock believed that what we are going <br />to have to do in some cases where we don't want the <br />right-of-way, is simply reserve the setbacks so that when <br />the road is to be built, we can acquire the right-of-way, <br />pay a fair amount, and get on with our business. <br />Commissioner Bird agreed that was the only thing to do <br />on those roads where the impact fees do not apply, and <br />Administrator Wright commented that they could donate it now <br />and receive a tax credit and then someday we might buy it. <br />Attorney Vitunac cautioned that simply reserving a <br />future right-of-way might constitute a taking and the County <br />might end up having to pay for it. There are some recent <br />cases that say you can't take half a man's property just <br />because in 20 years you might want it while in the meantime <br />he cannot do anything with it. <br />Commissioner Scurlock felt we were just going to have <br />to go to reserved setbacks and that the County Attorney will <br />have to defend us in court. If we have to pay for it, we <br />will. <br />23 <br />OCT 3 11985 <br />BOOK 2 Far, 699 <br />