Broward County Commission Regular Meeting


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AI-26000 29.       
Meeting Date: 01/09/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action

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), in the amount of the appraised value of the properties identified in the September 1, 2017, Order of Taking, as determined by the County's appraisal experts.

(Per the Tuesday Morning Memorandum, the Office of the County Attorney requests that this item be deferred to the Board's Tuesday, January 23, 2018 agenda.)  (See Yellow-Sheeted Additional Material, dated January 9, 2018, submitted at the request of the Office of the County Attorney.)

Why Action is Necessary
Submitting this written offer requires Board approval.
What Action Accomplishes
Enables the Office of the County Attorney to comply with the trial court order requiring a written offer for the properties at issue in the Order of Taking.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
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 and of more than 500 palm trees, plus the taking of a "flowage easement" over the remaining part of the properties. The Court ordered the County to submit, by January 13, 2018, a written offer to purchase the property interests at issue. 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.

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 conducting this analysis. We will provide to you additional information between the time we receive the written analysis and the January 9, 2018, Commission meeting.

The authorization would permit the Office of the County Attorney to determine that a single or multiple written offers could be made based upon the separate property interests at issue.
Source of Additional Information
Alexander J. Williams, Jr., Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Not determined at this time.
Attachments
No file(s) attached.


    

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