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MAR 2 Cr1990 <br />BOOK <br />19 FacE <br />65 <br />recommending <br />that we settle and purchase the other <br />parcels. <br />He <br />believed that one property owner in the eminent domain <br />proceedings is represented this morning. He was contacted and he <br />was notified that we would be recommending to the Board this <br />morning that we file eminent domain proceedings on Parcel #103. <br />With regard to Parcel #109, there are numerous property owners <br />and we have received a letter written by their attorney after <br />reviewing the County's offer. We have not communicated with them <br />individually regarding this action here this morning. It was <br />placed on the Agenda, and the normal agenda process has been <br />followed. <br />Attorney Collins advised that it is not a requirement to <br />notify the owners of this meeting. Before we take property, they <br />have to be fully compensated and that involves due process, but <br />the due process comes from a judicial forum. We made the offer <br />to purchase based on appraisals, and the people are well aware <br />that if they don't accept our offer, the project will go forward <br />and that condemnation is the alternative. They will have an <br />opportunity to put on a case before a jury for what they think is <br />the fair market value. <br />Commissioner Bird just hated to force something into the <br />court system that might have the potential of costing us more <br />money or delaying the project, if there is any way of negotiating <br />it out amicably ahead of time. He just hoped we have exhausted <br />all of those opportunities. <br />Attorney Collins advised that this resolution would not <br />involve any delay to the project because we are proposing a quick <br />taking. The title of the property would pass at the time of the <br />hearing on the order of taking and the deposit of money into the <br />court. The actual amount that ultimately would be paid is <br />determined by a jury. <br />56 <br />