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12/21/1993
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12/21/1993
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
12/21/1993
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BOOK 91 FACE .3.36 -7 <br />Public Works Director Jim Davis commented that staff does not <br />want to get involved in eminent domain, but it is a last resort. <br />Hopefully, the authorization to go to eminent domain will bring <br />about further negotiations. <br />Commissioner Adams understood that we are talking about <br />purchasing one-half acre for $10,000 and that the owners are <br />unwilling to sell for that. She asked why we could not do a third <br />alternative by just paving around them and assessing them. <br />Director Davis explained that drainage would be a problem. In <br />addition, we cannot design the road with a road -side recovery area <br />between the canal and the edge of the road without going to a non - <br />mountable curb. We would have to put in a reverse curve in the <br />road with barrier curbs on each side of the road and then move back <br />into the right-of-way that we have acquired. It would not be a <br />very smooth alignment. <br />Commissioner Adams felt she would rather see that than the <br />County ending up spending $100,000 to get right-of-way valued at <br />$10,000. <br />Attorney Vitunac advised that if the matter goes to eminent <br />domain and our first written offer turas out to be high enough so <br />that the owner does not get more than that in condemnation, we <br />would not have to pay any attorney's fees. <br />Commissioner Macht hated to see us put ourselves in a position <br />where we would pay $10,000 and then end up paying $100,000 for the <br />whole thing. We risked that in two other situations this past <br />year and lost. He felt it might be cheaper to go with the third <br />alternative suggested by Commissioner Adams rather than get into <br />costly eminent domain proceedings. <br />William Caldwell, local attorney and owner of property on 26th <br />Street, confirmed that B. T. Cooksey, attorney for Frank Bates <br />Groves, Inc., has indicated several times during the last 1-1/2 <br />years that they don't wish to sell their property- to the County. <br />It appears that they just don't want to cooperate, and they really <br />don't need to have a reason not to sell their property. Mr. <br />Caldwell noted that he personally has tried to acquire property <br />from them but to no avail. In fact, he didn't know of any land <br />that they have sold. <br />Lengthy discussion ensued regarding the payment of legal fees <br />involved in eminent domain proceedings, and Mr. Caldwell noted that <br />he was slaughtered in what he received for his property that the <br />County took for the construction of Indian River Boulevard. He <br />didn't know how the eminent domain costs would affect the special <br />assessment costs in this project since some people already have <br />deeded their property over to the County for $15,000 an acre. <br />a <br />26 <br />
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