Agenda

Back to Calendar Return

County Attorney's Report 11. 1.

BCC Regular Meeting

Action

Meeting Date:	03/17/2016
Issue: Approval of ECUA's Request to Exercise its Power of Eminent Domain
From:	Stephen West
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of ECUA's Request to Exercise its Power of Eminent Domain in the Vicinity of the Rolling Hills Construction and Demolition Recycling Facility.

That the Board adopt a resolution approving the request of the Emerald Coast Utilities Authority (ECUA) to exercise its power of eminent domain in the vicinity of the Rolling Hills Construction and Demolition Recycling Facility.

BACKGROUND:

ECUA has been unable to reach an agreement with various owners to acquire easements over their properties in the vicinity of the Rolling Hills Construction and Demolition Recycling Facility. The easements are needed to repair a sanitary sewer force main. ECUA is continuing negotiations, but it anticipates that it will need to acquire at least some of the easements through the exercise of its power of eminent domain. The circumstances underlying ECUA's request are further described in the attached letter dated February 25, 2016 from Lois Benson, Chairman of ECUA's Board of Directors.

Pursuant to Chapter 2001-324, Laws of Florida, ECUA has the power of eminent domain. However, as a condition precedent to instituting eminent domain proceedings, ECUA must receive approval from the governing body of the jurisdiction where the property is located.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Resolution
2/25/16 Letter from ECUA