07.09.2014 Views

notebook - Southwest Florida Water Management District

notebook - Southwest Florida Water Management District

notebook - Southwest Florida Water Management District

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Item 17.d.<br />

Consent Agenda<br />

October 30, 2012<br />

General Counsel’s Report<br />

Administrative, Enforcement, and Litigation Activities that Require Governing Board Approval<br />

Settlement – SWFWMD v. M. Lewis King and Hancock Lake Ranch, LLC (Parcel No.<br />

20-503-111-P)<br />

On October 28, 2008, in connection with the Lake Hancock Lake Level Modification Project<br />

(“Project”), the <strong>District</strong>’s Governing Board adopted a Resolution authorizing the use of eminent<br />

domain to acquire an inundation easement to establish the Lake Hancock outfall control<br />

structure at an elevation of 100 NGVD (1929).<br />

On March 29, 2011, the <strong>District</strong> filed a petition in eminent domain to obtain an inundation<br />

easement over 8.5 acres of real property identified as Parcel 111-P, and owned by M. Lewis<br />

King and Hancock Lake Ranch, LLC (the “Property”).<br />

In July 2011, the <strong>District</strong> filed an amended petition seeking to acquire an intermittent flowage<br />

and inundation easement on the Property. On September 30, 2011, the trial court dismissed<br />

the amended petition on grounds the property rights sought to be acquired in the petition<br />

differed from those authorized in the Resolution. On October 25, 2011, the Governing Board<br />

adopted a new Resolution authorizing eminent domain to acquire the intermittent easement.<br />

The <strong>District</strong> served a second amended petition on October 28, 2011. On January 4, 2012, the<br />

court dismissed the second amended petition. In response, the <strong>District</strong> filed notice on January<br />

23 that it would not amend further.<br />

On January 9, 2012, the <strong>District</strong> sent notice to the Property owners that it intended to<br />

commence new eminent domain proceedings as to the Property upon completion of statutorily<br />

required pre-suit negotiations. The <strong>District</strong> offered $109,400 to the Property owners for the<br />

easement sought, while the owners made a compensation claim in excess of their $207,900<br />

appraisal. The <strong>District</strong> appraised the Property at $10,000 per acre with an easement impact on<br />

value of 25%, while the owners appraised the Property at $15,000 per acre with a 90% to 95%<br />

impact on value from the easement. The <strong>District</strong>’s appraiser concluded that there were<br />

damages to the remainder, but in an amount substantially less than the $85,400 remainder<br />

damages determined by the owners’ appraiser.<br />

The parties attended a pre-suit mediation on August 30, 2012. As a result of the mediation, the<br />

parties arrived at a contingent settlement, subject to approval by the <strong>District</strong>’s Governing Board,<br />

whereby the <strong>District</strong> will pay the owners $170,000 for the easement.<br />

Staff Recommendation:<br />

Approve the settlement agreement whereby the <strong>District</strong> will pay the owners $170,000 for the<br />

easement necessary for implementation of the Project.<br />

Presenter:<br />

Joseph J. Ward, Senior Assistant General Counsel<br />

147

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!