SUBJECT
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Adopt Resolution authorizing negotiations required by §73.015, Florida Statutes to be undertaken by the County Real Estate Services Director and his designated agents, subject to final Board approval, for acquisitions necessitated by a new Roads and Drainage CIP Project known as Vaughn Road. (No fiscal impact)
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DESCRIPTION
§73.015, Florida Statutes requires that prior to commencing eminent domain actions for the acquisition of any properties necessary to carry out public purpose projects, the County must:
1. Attempt to negotiate in good faith with landowners in hopes of reaching a settlement;
2. Notify landowners of statutory rights under Chapter 73;
3. Make a written offer to the landowner based on the value of the property taken and any severance damages;
4. Provide the landowners with at least thirty (30) days in which to consider the offer before filing suit;
5. Provide the landowner with copies of maps and plans and other documents relating to the acquisition; and
6. Make a good faith effort to notify business owners of the acquisition of property upon which they operate a business.
The purpose of this statute is to encourage settlements prior to expending costs required by litigation in hopes of an overall cost savings to the citizens of this state. To facilitate the timely and orderly acquisition of necessary right-of-way/parcels and to ensure compliance with all requirements of this statute, this Board has previously authorized the County Real Estate Services Director, or his agents, to undertake the initial negotiations process with any final decision as to settlement or suit being left to this Board.
This Board has previously approved a project known as Vaughn Road as part of the Roads and Drainage CIP program. It is requested that the attached proposed Resolution be approved and adopted to grant to the Real Estate Services Director the authority to proceed with the required steps under §73.015, Florida Statutes to acquire necessary right-of-way/parcel, or parcels, for the Vaughn Road Project.
RECOMMENDATION
Request Board adopt the proposed Resolution authorizing negotiations required by §73.015, Florida Statutes to be undertaken by the County Real Estate Services Director and his designated agents, subject to final Board approval, for the Vaughn Road Project.
FISCAL IMPACT
No fiscal impact.
CONTACT INFORMATION
R. Wade Allen, Director
Real Estate Services
863-534-2577