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MAR 19 1986 BOOK 63 Pnot, 942 ,.-cumdemnation proceeding would be ' likely to compare the recommendations in the 1982 report with the subsequent acquisitions to determine, in part, whether further acquisitions were necessary. Finally, regardless of the findings of the 1982 report and of the subsequent parcel acquisitions, a current update might indicate necessity for additional ocean frontage. Also, the Howell/Chapman parcel lies between other parcels already purchased for beach recreation areas, a factor weighing toward granting a taking. Commissioner Bird asked if the County had the option of backing out at the point where the court determines that we could take the property and after the State has said they would contribute $4 -million of the $5 -million, leaving us $1 -million short. Attorney Vitunac explained that we can back out at that time, but we would have to pay attorney fees for the other side plus appraisal fees. It is not a quick taking; it would be a regular taking. Commissioner Bird, while reluctant to having the County take a man's property, felt this property is unique because it lies between two properties we already have and would give us a sizeable, contiguous piece of beachfront. Commissioner Bird asked what our chances were for winning this in court, and Attorney Vitunac advised that a lot of thought went into the actual language of the memo because it is public record and the other side would get a copy of it in any court case. Commissioner Bird did not anticipate that there would be a big difference between the appraisals and the price that the court would set, but Attorney Vitunac disagreed because he has noted that the seller's appraisal always seems to come out higher. Commissioner Bird pointed out that we have spent all our beach money so we would have to go out and get some fresh money, 57