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that we cannot come to a resolution on the cost of the <br />right-of-way and the trees. Therefore, staff feels that instead <br />of delaying the project further, we should go ahead with a quick <br />taking or whatever it requires to get this right-of-way and go <br />through the eminent domain process. There would be legal fees <br />involved, plus costs for appraisal updates and probably some <br />severance damages on the trees. It probably will cost a couple <br />of thousand dollars just to go through the process. <br />Commissioner Wheeler felt that still would be quite a bit <br />less than paying Mr. Jaholkowski what he wants for those trees. <br />Attorney Collins explained that a recent change in the _ <br />eminent domain law makes us responsible for the other side's <br />attorney fees only if the judgement comes in over what we offered <br />in terms of settlement. In other words, if we make a reasonable <br />offer, and then to avoid all the aggravation, we cushion it a <br />little more, and the award comes in at less than what we offered, <br />we would not be responsible for any attorney fees in the taking. <br />Administrator Balczun recommended that we go to <br />condemnation. <br />ON MOTION by Commissioner Bird, SECONDED by <br />Commissioner Bowman, the Board unanimously (3-0) <br />authorized staff to proceed with condemnation on <br />the Jaholkowski property. <br />CHANGE ORDER TO IRC BID #409 - CHEMICALS <br />The Board reviewed the following memo dated 6/3/88: <br />41 <br />®® <br />JUN 2 1 198 Boa 73 P,� JF, 88 <br />