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County Attorney's Report 12. 1.

BCC Regular Meeting

Action

Meeting Date:	06/16/2016
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 to Acquire Property at 3428 Wasatch Range Loop.

That the Board adopt a resolution approving the request of the Emerald Coast Utilities Authority (ECUA) to exercise its power of eminent domain to acquire property at 3428 Wasatch Range Loop.

BACKGROUND:

ECUA has been unable to reach an agreement with the owner to acquire a vacant lot at 3428 Wasatch Range Loop. The lot is needed for access to ECUA's lift station site, which abuts the lot. The circumstances underlying ECUA's request are further described in the attached letter dated May 4, 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
Letter from ECUA - May 4, 2016