Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 25, 2015
REVISED August 25, 2015 - Regular Meeting
Agenda Item #53

Eminent Domain – 44th Avenue East (US 41/1st Street East to 15th Street East) Project, Parcel 731; Consideration of Offer of Settlement


Contact and/or Presenter Information
Pamela J. D’Agostino
Assistant County Attorney
Ext. 3759

Action Requested
Consideration of acceptance or rejection of settlement offer of $35,000.00 from Defendant, El Rancho Village, Inc., as regards  Parcel 731 in the eminent domain matter of  Manatee County v. El Rancho Village, Inc., et al., Case No. 2011 CA 2445.

Enabling/Regulating Authority
Florida Statutes § 73.032

Background Discussion

The subject property is located at the southwest corner of 44th Avenue East and U.S. 301 Blvd. East and has a physical address of 508 44th Avenue East, Bradenton, Manatee County, Florida.  The acquired parcel was a 530 square foot temporary construction easement for a term of three (3) years.

The acquisition was necessary for the purposes of constructing, widening, or improving a public street, road, or highway in connection with the 44th Avenue East Road Improvement Project (US 41 /1st Street East to 15th Street East), Project No. 6001060, in Manatee County, Florida.

The County valued the taking at $100.00.  The property owner valued the taking at  $411,400.00, inclusive of claimed severance damages and costs to cure.

In an effort to potentially resolve this case, a mediation conference took place on July 24, 2015.  The County was represented at that conference by County Attorney Mitchell Palmer and Assistant County Attorney Pamela D'Agostino.  Mediation was unsuccessful.

On August 19, 2015, the Defendant El Rancho extended an Offer of Judgment as to Parcel 731 in the amount of $35,000.00, exclusive of attorney’s fees, expert witness fees and costs.

Based on the foregoing, it is recommended that the Board reject the Offer of Judgment from Defendant El Rancho.

This matter is presently scheduled for a 12-person jury trial during the two-week trial period beginning November 9, 2015.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.   

Reviewing Attorney

Instructions to Board Records
None at this time.

Cost and Funds Source Account Number and Name
N / A

Amount and Frequency of Recurring Costs
N / A

Attachment:  Description & Sketch Parcel 731.pdf