Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 22, 2017
August 22, 2017 - Regular Meeting
Agenda Item #8

44th Avenue East (US 41/1st Street East to 15th Street East) Project, Parcel 731; Proposed Settlement of Supplemental Attorney's Fees and Costs in Eminent Domain Action

Briefing Provided Upon Request

Contact and/or Presenter Information
Pamela J. D'Agostino, Assistant County Attorney, Ext. 3750

Action Requested
FORM OF MOTION: Motion to (1) approve settlement with Defendant, El Rancho Village, Inc., in the amount of $62,250 for all reasonable and necessary supplemental attorney’s fees and costs in the eminent domain matter of Manatee County v. El Rancho Village, Inc., et al., Case No. 2011 CA 2445, and (2) authorize the County Attorney or his designee to sign all necessary paperwork associated with the aforementioned settlement.

Enabling/Regulating Authority
Section 73.092(2), Florida Statutes, requires the condemning authority to pay the landowners' reasonable and necessary attorney’s fees and costs incurred in supplemental proceedings.

Background Discussion
Manatee County previously acquired Parcel 731, a temporary construction easement, as part of the  improvements to 44th Avenue East (US 41/1st Street East to 15th Street East) by Order of Taking on July 7, 2011. The landowner accepted as full compensation the amount of $12,500, exclusive of attorney’s fees and costs and experts’ fees and costs, by Stipulated Final Judgment entered on October 8, 2015.

In an eminent domain action, the County is required to pay the landowner's reasonable and necessary fees and costs pursuant to Section 73.091, Florida Statutes. The County received and reviewed a detailed invoice from the Defendant for its expert engineer and extended an offer to settle. When negotiations failed, post-judgment litigation ensued. Ultimately, after a contested hearing, the Court issued its final order taxing expert witness fees and costs..

According to Section 73.092(2), Florida Statutes, the condemning authority is required to pay the Defendant’s reasonable and necessary attorney’s fees and costs incurred in supplemental proceedings such as this.  The County received a detailed invoice for $80,279 from the Defendant for its law firm’s fees and costs related to the supplemental proceeding.

After negotiation, the Defendant agreed to accept the reduced sum of $62,250 in full settlement of its supplemental attorney’s fees and costs.  The agreement is subject to Board approval. 

Based on the foregoing, it is recommended that the Board approve the proposed settlement and authorize the County Attorney’s Office to execute the attached Stipulated Final Order Taxing Supplemental Attorney’s Fees and Costs as to Defendant El Rancho Village, Inc., and other necessary documents.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records
If approved, e-mail an approved copy of this agenda item to:
  • Pamela J. D’Agostino, Assistant County Attorney, pamela.dagostino@mymantee.org; and
  • Alicia M. Stull, Paralegal, alicia.stull@mymantee.org

Cost and Funds Source Account Number and Name
$62,250/382-6001060, Impact Fees

Amount and Frequency of Recurring Costs

Attachment:  Stipulated Order on Supplemental Atty Fees as Defendant El Rancho.pdf
Attachment:  Description and Sketch of Parcel 731.pdf