SUBJECT
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Authorize the County Attorney’s Office and outside counsel to stipulate to a Final Judgment for Parcel 137 in the case of Polk County v. Miguel Pagan, an eminent domain lawsuit filed to acquire needed rights-of-way for the County Road 557 Project. ($77,112.00 one-time expense)
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DESCRIPTION
The County has a Community Investment Project to improve CR557 to a four-lane corridor from north of US Highway 17/92 in Lake Alfred, to south of the I-4 interchange. To allow for the construction of the roadway improvements, the County must acquire rights-of-way from adjoining impacted property owners. The Board previously authorized Polk County’s Real Estate Services Director to take steps necessary to acquire those rights-of-way through negotiations and, as needed, through eminent domain lawsuits. Litigation has been filed and is proceeding. One such lawsuit is pending for Parcel 137, owned by Miguel Pagan, case number 2024CA-2768 in the Tenth Judicial Circuit.
On February 11, 2025, the County sought and obtained a Stipulated Order of Taking with Miguel Pagan. Pursuant to the Order, the County deposited into the Registry of the Court a designated amount for said parcel ($109,300.00), which was then released to the respective parcel owner as a partial payment of the final compensation.
On July 28, 2025, the County and its eminent domain counsel and counsel for Miguel Pagan successfully negotiated a settlement. Pursuant to the negotiated terms, the County will pay Miguel Pagan the aggregate sum of $186,412.00 in full settlement of all claims for compensation and any and all damages for its taking of the parcel: 1) $160,000.00 in settlement for the parcel, 2) $16,731.00 in statutorily required attorneys’ fees, and 3) $9,681.00 in expert fees and costs. With Miguel Pagan having already received $109,300.00 from the funds the County deposited with the Court, the remaining balance due is $77,112.00. The settlement will be paid within thirty (30) days of the entry of the Final Judgment.
The County Attorney’s Office recommends approval of a Stipulated Final Judgment, which benefits the County because the agreed settlement amount is below the owners’ experts’ opinion of compensation for the parcels and avoids jury trial, which would have exposed the County to payment of additional expert fee costs.
RECOMMENDATION
1) Authorize the County Attorney’s Office and outside counsel to stipulate to a Final Judgment with Miguel Pagan in the total amount of $186,412.00, including attorney’s fees and expert fees and costs and 2) authorize the remaining balance payment of $77,112.00 for disbursement within thirty days of entry of the Final Judgment.
FISCAL IMPACT
Funds are budgeted and available in the Roads & Drainage 5-year CIP in the County Transportation Trust Fund.
CONTACT INFORMATION
Heather Bryan
Assistant County Attorney
863-534-6746