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that property owner and have not come up with a settlement yet <br />that we can bring to the Board. There are 3 more parcels that <br />have to be settled. He noted that the total of 16,600 square <br />feet of right-of-way averages out to about $.92 a square foot. <br />MOTION WAS MADE by Commissioner Scurlock, SECONDED by <br />Commissioner Bowman, that the Board approve staff's <br />recommendation of Alternative No. 1, as set out in the <br />above memo. <br />Under discussion, Commissioner Bird was concerned about the <br />inconsistencies in the amounts paid for attorney fees in these <br />right-of-way transactions, and Attorney Vitunac explained that <br />when Mr. Finney completes his negotiations with a property owner, <br />he brings the final figures to the Legal Department. Although <br />the Legal Dept. can negotiate the reasonableness of those costs, <br />the property owners and their attorneys know that the <br />condemnation taw is structured 100% in their favor. Every time <br />we try to to have that changed in Tallahassee, we are <br />unsuccessful. They know they can balk at settlement with us and <br />that we would have to file an action of eminent domain and that <br />they would get their first 6 months of attorney fees free. Only <br />after that, if they are unreasonable in their price and the <br />values don't come in at what we were negotiating, do they lose <br />any attorney fees. <br />Commissioner Scurlock understood that it comes down to the <br />fact that unless their fees are absolutely absurd, there is <br />nothing we can do. <br />Commissioner Bird just wanted the assurance that something <br />was being done at staff level to scrutinize these fees. <br />Director Davis requested that the Minutes show that Parcel <br />#104 is included in staff's recommendation. <br />JAN 2 4 1999 <br />52 <br />NO . 75 ,:E: 00 <br />