Broward County Commission Regular Meeting

A. MOTION TO AUTHORIZE Office of the County Attorney to submit a written offer to Plaintiffs in Shaw Farms & Land Company of Florida, LLC and Dania Place, LLC v. Broward County, et al., 17th Judicial Circuit Court Case No. 15-011648 (09) ("Shaw Litigation"), for the DDK Parcel, which consists of approximately seven acres inclusive of the royal palm trees determined to have been taken, in an amount up to but not exceeding $5,000,000, as determined by the County Administrator in conjunction with the Office of the County Attorney based upon current appraisal information and engineering and other considerations (Deferred from January 23, 2018 - Item No. 10); 

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved as amended with the Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of the Office of the County Attorney.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.

AND

B. MOTION TO AUTHORIZE Office of the County Attorney to submit the following alternative written offers to Plaintiffs in the Shaw Litigation for the balance of the property at issue (the "South Parcels"), which consists of approximately 30 acres that are subject to the declared flowage easement and are on the south side of 10th Street and east of US 1:

(Transferred to the Consent Agenda.)

ACTION:  (T-10:32 AM)  Approved, as amended with the Yellow-Sheeted Additional Material, dated February 6, 2018, submitted at the request of the Office of the County Attorney.

VOTE:  9-0.  Commissioners Geller and Sharief voted in the affirmative telephonically.
 

Submitting this written offer requires Board approval.

Enables the Office of the County Attorney to comply with the trial court order requiring a written offer of compensation for the properties at issue in the Order of Taking.

In 2015, Plaintiffs Shaw Farms & Land Company of Florida, LLC, and Dania Place, LLC (collectively, "Shaw"), filed an action for inverse condemnation against Broward County. The Complaint alleges that, as a result of the expansion of FLL's South Runway, the County affected a taking of the Shaw properties, which are located near Taylor Road and NE 10th Street immediately south of the South Runway. The Shaw properties at issue are approximately 40 acres. The Complaint alleges that the construction activities caused continuous flooding to the Shaw properties and eliminated certain vehicular access. To date, the County has been defended in the action by insurance defense counsel under a reservation of rights that purports to permit the insurance company to ultimately deny insurance coverage. We have recently filed suit against the insurance company, asking the trial court to declare that the damages claimed by Shaw are covered by the applicable insurance policy.
 
On September 1, 2017, the state trial court entered an Order of Taking against the County, concluding that the construction activities affected a complete taking of part of the properties (the "DDK Parcel" comprising approximately seven acres) and of more than 500 palm trees on the DDK Parcel, plus the taking of a "flowage easement" over the remaining part of the properties. The Court ordered the County to submit, now by February 7, 2018 (a Court order extending the deadline was issued on January 23), a written offer of compensation for the property interests taken in the case. The Order of Taking is not currently appealable but would be appealable after any trial to determine the value of the property taken. The written offer will expressly preserve the County's appellate rights. Our Office recommends the making of separate offers for the DDK Parcel (including the palm trees) and for the remainder of the properties at issue.
 
The submission of a written offer is a requirement under Florida eminent domain procedure, and the trial court has imposed that requirement on the County in this inverse condemnation action. The County, through its defense counsel, has retained experts to provide an appraisal value of the Shaw properties at issue, and these experts are currently completing this analysis. We will provide to you additional information between the time we receive the final written analysis and the February 6, 2018, Commission meeting. Depending on information received, an amended motion statement may also be required. If so, the amended statement would be included on the Monday Night Memo.

Michael J. Kerr, Deputy County Attorney, (954) 357-7600