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CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP OF COUNSEL TELEPHONE: (561) 655-0620 BETSY S. BURDEN TELECOPIER: (561) 655-3775 RUTH P. CLEMENTS MEMORANDUM TO: William Debraal, Deputy County Attorney FROM: William P. Doney, Esq. DATE: December 1, 2020 RE: Proposed Agreed Order of Taking Parcel 105 Owners: Deepti and Harish Sadhwani This Memorandum is written to address some of the potential issues and risks involved in proceeding to a contested Order of Taking hearing in the above -referenced matter and to recommend Board of County Commission approval of an Agreed Order of Taking. As a bit of background, this eminent domain proceeding was filed on October 1. 2020 and involves only one parcel (Parcel 105 owned by Deepti and Harish Sadhwani). The case was filed as a "quick take" proceeding in accordance with Chapter 74, Florida Statutes. Under this statutory procedure, an Order of Taking hearing is initially scheduled before the Court (no jury). At such a hearing, the condemning authority is required to prove its legal entitlement to condemn the property, i.e., is there a public purpose and necessity for the acquisition. The government must also present evidence that it has obtained a good faith estimate of value (appraisal) of the subject property. Additionally, there are numerous conditions precedent that a governmental entity must satisfy in order to be entitled to entry of an Order of Taking. Assuming the government meets this burden, the Court will enter an Order of Taking requiring the government to deposit in the Court Registry the amount of its appraised value of the property taken. Title to the property then vests in the government and it can immediately proceed with its project. The property owner may withdraw the deposited funds from the Court Registry. The issue of the amount of full compensation to be paid to the property owner (if the case is not settled) is ultimately determined at a jury trial before 12 jurors. In the subject case, the property in question is a vacant agricultural land located at the northwest corner of 66th Avenue and 65`h Street comprising 19.59 acres. The Sadhwanis 133 ATTORNEYS AT LAW MANLEY P. CALDWELL, JR. PARALEGAL KENNETH W. EDWARDS EMILIE PEARSON, CP CHARLES F. SCHOECH 1555 PALM BEACH LAKE BOULEVARD MARY M. VIATOR SUITE 1200 WILLIAM P. DONEY WEST PALM BEACH, FLORIDA 33401 FRANK S. PALEN www.caldwellpacetti.com JOHN A. WEIG OF COUNSEL TELEPHONE: (561) 655-0620 BETSY S. BURDEN TELECOPIER: (561) 655-3775 RUTH P. CLEMENTS MEMORANDUM TO: William Debraal, Deputy County Attorney FROM: William P. Doney, Esq. DATE: December 1, 2020 RE: Proposed Agreed Order of Taking Parcel 105 Owners: Deepti and Harish Sadhwani This Memorandum is written to address some of the potential issues and risks involved in proceeding to a contested Order of Taking hearing in the above -referenced matter and to recommend Board of County Commission approval of an Agreed Order of Taking. As a bit of background, this eminent domain proceeding was filed on October 1. 2020 and involves only one parcel (Parcel 105 owned by Deepti and Harish Sadhwani). The case was filed as a "quick take" proceeding in accordance with Chapter 74, Florida Statutes. Under this statutory procedure, an Order of Taking hearing is initially scheduled before the Court (no jury). At such a hearing, the condemning authority is required to prove its legal entitlement to condemn the property, i.e., is there a public purpose and necessity for the acquisition. The government must also present evidence that it has obtained a good faith estimate of value (appraisal) of the subject property. Additionally, there are numerous conditions precedent that a governmental entity must satisfy in order to be entitled to entry of an Order of Taking. Assuming the government meets this burden, the Court will enter an Order of Taking requiring the government to deposit in the Court Registry the amount of its appraised value of the property taken. Title to the property then vests in the government and it can immediately proceed with its project. The property owner may withdraw the deposited funds from the Court Registry. The issue of the amount of full compensation to be paid to the property owner (if the case is not settled) is ultimately determined at a jury trial before 12 jurors. In the subject case, the property in question is a vacant agricultural land located at the northwest corner of 66th Avenue and 65`h Street comprising 19.59 acres. The Sadhwanis 133