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12/5/2000
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12/5/2000
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10/23/2015 4:58:30 PM
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Meetings
Meeting Type
BCC
Document Type
Migration
Meeting Date
12/05/2000
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ON MOTION by Commissioner Stanbridge, <br /> SECONDED by Commissioner Ginn, the Board <br /> unanimously approved the Consent Agenda, Items <br /> 7 .A . through 7 . 0 , with the exception of Item 7 . I . <br /> Chairman Adams offered to put the matter under public discussion items for the <br /> meeting of December 12 , 2000 and the offer was refused . Several members of the public <br /> were present and had taken time off from work to attend this meeting and present their <br /> comments . <br /> After discussion, Chairman Adams agreed to hear the comments . <br /> Joan Reed , 12875 83 ' Avenue, Sebastian, objected strongly to the Court ' s action in <br /> granting the release of easement to the Drivers . <br /> Chairman Adams noted that the Board cannot change the Court ' s action and must <br /> consider the cost of any possible appeal . <br /> Ms . Reed felt that the Court had set a dangerous precedent in releasing this property <br /> and noted that the County has always had possession of that property . <br /> Chairman Adams stated that the recommendation of the County Attorney was that an <br /> investigation be done to see what other properties might be involved in an effort to preclude <br /> any other such actions . <br /> Deputy County Attorney Will Collins stated that in 1971 the laws changed to read that <br /> any roads shown on a plat are deemed dedicated to the public . Before that time , common <br /> law required an express acceptance of the dedication of the property indicated on the plat as <br /> a road . His office is examining early plats to ensure that this does not happen again . The <br /> Court has ruled that the Drivers own the fee simple to the 25 foot right- of=way . <br /> DECEMBER 5 , 2000 BK 1 16 PG 260 <br /> - 18 - <br />
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