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r APS 9 X96' BOOK 64 PA,F 194 HOWELL/CHAPMAN_CONDEMNATION FEASIBILITY REVIEW The Board reviewed the following memo dated 3/11/86: TO:Indian River County Board DATE: FILE: of County Commissioners March 11, 1986 SUBJECT: Charles P. Vitunac, HOWELL/CHAPMAN CONDEMNA- County Attorney TION FEASIBILITY REVIEW FROM*Bruceasarkett,� REFERENCES: Assistant Coul!-,;.y Attorney CONFIDENTIAL WORK PRODUCT IN ANTICIPATION OF TRIAL This document is intended as a very brief review of considerations relevant to the feasibility of condemnation proceedings against the "Howell/Chapman" beachfront parcel of property. First, the February 18, 1986 correspondence from Butch Horne, Senior Acquisition Review Agent, Department of Natural Resources, indicates that if Indian River County commits to acquire the Howell/Chapman parcel, the Department of Natural Resources will commit to reserve the appraised value of the property from the Save Our Coast fund for use in the acquisition of the property. The actual amount DNR will commit to is confidential, however I have asked Butch Horne to report to Charlie Vitunac an approximate or "ballpark" figure upon which the County can rely. It is my opinion that based upon my conversations with Butch Horne and his letter, the County can enter into a written agreement with the Department to commit to spend up to the amount of funds available according to the appraisals. Section 127.01(2), Florida Statutes (1985), authorizes the County to acquire by eminent domain lands for parks and other recreational purposes; however, the party whose lands are sought has the right to present an issue before the court as to the necessity for the proposed taking, and the amount of land required for the purpose soua t. Prior to having the County commit to initiate eminent domain proceedings against the Howell/Chapman parcel, reference should be made to the "Beach Access and Development Plan" prepared by staff for the Board of County Commissioners in 1982. That plan recommended purchase of approximately 33.61 acres with 2,070 feet of ocean frontage 4 miles north of State Road 510 along Highway A -1-A, which is the approximate location of the Howell/Chapman parcel. Subsequent to the issuance of the report, purchases have been made by the County and by the State pursuant to the Save Our Coast program. A Court faced with determining the issue of necessity in a condemnation 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. 6VIA