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SAY 1989 noc�� '. 73 <br />can go put ourselves in a position to move ahead and build the <br />Boulevard and then determine later what we have to pay. <br />Attorney Vitunac advised that for a quick taking we need at <br />least one appraisal of the 8 properties, and Attorney Collins and <br />Director Davis are working on that now. In the meantime, we <br />should go ahead and hire the lawyer he has recommended to prepare <br />the taking Resolution, and then we will be ready to go to battle <br />with Mr. Richardson. He believed Mr. Hoffman will even file <br />administrative challenges along the way so this will require a <br />full time attorney for many months. <br />Commissioner Scurlock inquired about a time frame for <br />getting in a position where we could move ahead with our <br />permitting and actual construction, and Attorney Vitunac stated <br />that for the quick taking we need the appraisal, and the other <br />side has 30 days to respond. If they don't challenge the <br />necessity part, it would give us an Order of Taking when we make <br />a deposit based on the appraisal. Then, later on you can set the <br />trial on damages. <br />Commissioner Bird pointed out that while we may be able to <br />go in through condemnation, Hoffman still may be able to delay <br />the project beyond where we want it delayed by asking for <br />administrative hearings. He believed over the 8 years one of our <br />options was to cooperate with Hoffman and move the alignment, but <br />according to Director Davis, the permitting agencies have <br />indicated that they have more problem -environmentally with the <br />alignment Hoffman wants us to take. <br />Director Davis confirmed that the alignment we are working <br />on is the one the agencies have agreed is the least environmen- <br />tally damaging. We tried to accommodate Mr. Hoffman's alignment <br />which required about 7% more fill and took it to the agencies, <br />but the DER and EPA indicated they prefer our alignment. -Mr. <br />Hoffman is taking a more aggressive stance with the agencies in <br />regard to his legal rights, and Director Davis advised that the <br />EPA has indicated to him that if the court issued above their <br />46 <br />