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Murphy Deed reservations. Attorney O'Brien advised that Murphy Deed reservations exist throughout the county, and there is no easy method of determining where they are. He emphasized that if we pursue the lawsuit, we will have to file a counterclaim of ejectment and we would be throwing people out of their homes. Commissioner Macht felt that it would have been better for them to ask the Board for relief before proceeding with a lawsuit. He emphasized that he had not heard about this problem until it appeared on the agenda for today's meeting. Attorney O'Brien agreed, and he stated that one of the motions will be to ask the Court to dismiss the suit due to the failure of the plaintiffs to exhaust administrative remedies. Public Works Director Jim Davis agreed that the Murphy Act affects numerous properties that were on State roads at the time the Act was passed. The County does not have a comprehensive list of all those properties, but we know that many of them are on larger tracts and that title companies have not always conducted adequate research. He stated that staff is anxious to find out the magnitude of the situation. Commissioner Bird felt that we should be consistent in our handling of Murphy Deed reservations. Attorney O'Brien advised that any action taken by the County to settle this lawsuit will not create a precedent. However, he agreed that it is preferable to be consistent. Commissioner Macht asked whether the County needs this right- of-way. ight- of-way. Director Davis responded that the County will not need this right-of-way within the next few years. However, 4th Street has been planned as a major thoroughfare because it is the only road that passes under I-95. Commissioner Macht recommended that we let the Court case proceed. He asked whether the subject lawsuit is deficient. Attorney O'Brien responded that staff will file motions on a number of procedural aspects of the claim. If the case is not dismissed as a result of those motions, then the County will have to file an answer and counterclaim. Unfortunately, we would be required to file an ejection action as part of the counterclaim. Commissioner Macht stressed that it would be devastating to wake up and learn one day that you do not own your living room. He asked whether the County, by issuing the building permits, was certifying that the parcels were free and clear. Attorney O'Brien advised that there have been Court cases where the government was not held responsible. 47 �MAR 8 1994 eooK 91 F.'uGE 949