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County Attorney's Report 11. 4.

BCC Regular Meeting

Action

Meeting Date:	01/05/2012
Issue: Approval of Emerald Coast Utilities Authority's Request to Exercise its Power of Eminent Domain
From:	Stephen G. West, Assistant County Attorney
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Emerald Coast Utilities Authority's Request to Exercise its Power of Eminent Domain

That the Board adopt a Resolution approving the request of the Emerald Coast Utilities Authority (ECUA) to exercise its power of eminent domain.

BACKGROUND:

ECUA has been unable to reach an agreement with the owner to acquire an easement over property on the 2500 Block of North Baylen Street. The easement is needed to construct a sanitary sewer line that will connect two residential customers to ECUA's sanitary sewer system. The circumstances underlying ECUA's request are further described in the attached letter dated December 15, 2011 from Dr. Elvin McCorvey, Chairman of ECUA's Board of Directors and the e-mail dated December 20, 2011 from Steve Sorrell, its Executive Director.

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:

The County Attorney's Office has prepared the resolution for the Board's consideration.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

Chapter 2001-324, Laws of Florida, grants ECUA the power of eminent domain, pursuant to approval from the governing body of the jurisdiction where the property is located.

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Resolution.ECUA Eminent Domain