Laserfiche WebLink
M M <br />Attorney Vitunac explained that in order to move this matter <br />forward, it is necessary for the Board of County Commissioners to <br />determine to go to condemnation. If the Board makes that deter- <br />mination today, he would have Attorney Bruce Barkett draft an <br />agreement with the State which would obligate them to fund up to <br />their appraised value if we are successful in the condemnation. <br />The agreement cannot be drawn up before the Board makes a deter- <br />mination to go forward. Attorney Vitunac recommended that if the <br />Board does decide to go to condemnation to get this property, <br />that the Board authorize staff to update the acquisition report <br />on beach properties that we used in 1981 and make sure that is <br />still a valid report to be used in court on the Howell/Chapman <br />parcel. If at anytime that report shows otherwise, the County <br />can stop the condemnation process because that will not be <br />formally started in court before this Board passes a formal <br />resolution of condemnation. The Commission will get to see this <br />issue again after the agreement is entered into between the State <br />and the County at which time the County still can back out. <br />Commissioner Bird expressed his reluctance to taking a man's <br />property, but felt this property is unique because it sits <br />between two parcels of beachfront properties that we already have <br />acquired and it would give us a sizable piece of contiguous <br />beachfront. He questioned what our legal fees might amount to <br />for the condemnation proceedings. <br />Assistant County Attorney Bruce Barkett anticipated the <br />costs would be upwards of $30,000 and noted that the County would <br />have to pay for both sides whether we win or lose. <br />Attorney Vitunac felt the total cost of the fees depends on <br />what issues they contest. It may be substantially less, but if <br />the owner is serious about contesting this and fights it all the <br />way, the costs could be substantial. <br />Attorney Barkett emphasized that while the State is willing <br />to commit funds to purchase the property for the appraisal value <br />as determined by the Court, they might not be willing to commit <br />53 <br />Boas 64 FE 1�?' <br />